Richard Wilson Sentencing Transcript

Case 2:09-cr-00232-RAJ Document 162 Filed 09/16/10 Page 1 of 42
UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
UNITED STATES OF AMERICA )

)No. CR09-232 RAJ
Plaintiff, )
)
v. )Seattle, Washington
)
RICHARD WILSON, )June 11, 2010
)10:45 a.m.
Defendant. )
______________________________)
EXCERPT OF VERBATIM REPORTED PROCEEDINGS FOR: FELONY SENTENCING
BEFORE THE HONORABLE RICHARD A. JONES
UNITED STATES DISTRICT COURT JUDGE
APPEARANCES:
For the Plaintiff: ANDREW FRIEDMAN, ESQ.

Assistant U.S. Attorney
700 Stewart Street, Suite 5220
Seattle, Washington 98101
For the Defendant: PETER OFFENBECHER, ESQ.

Skellenger Bender PS
1301 5th Avenue, Suite 3401
Seattle, Washington 98101
poffenbecher@skellengerbender.com
Court Reporter: DONNA HUNTER, CCR, RPR

Vernon & Associates Court Reporters
3641 N. Pearl, Unit D
Tacoma, Washington 98402
Vernon & Associates Court Reporters, LLC

3641 N. Pearl, Unit D, Tacoma, WA 98407 (253) 627-2062
2
1 (Defendant present.)
2 THE CLERK: Please rise. United States District Court
3 for the Western District of Washington is now in session, the
4 Honorable Richard A. Jones presiding.
5 THE COURT: Good morning. Please be seated.
6 THE CLERK: We are here for sentencing in the matter
7 of United States v. Richard Wilson, Cause No. CR09-232 assigned
8 to this Court. Counsel, please rise and make your appearances,
9 and also the probation officer.
10 MR. FRIEDMAN: Good morning, Your Honor, Andrew
11 Friedman for the United States.
12 THE COURT: Good morning.
13 MR. OFFENBECHER: Peter Offenbecher appearing with Mr.
14 Wilson who is present in court out of custody. Good morning,
15 Your Honor.
16 THE COURT: Morning, both of you.
17 MS. BOLLE: Morning, Your Honor, Lorraine Bolle for
18 the United States Probation Office.
19 THE COURT: Good morning. As indicated we are here
20 for the sentencing of the Defendant. For purposes of sentencing
21 it is my practice to always identify the documents that have
22 been submitted for my consideration and that I have reviewed and
23 they include the following: The presentence report prepared by
24 Probation Officer Lorraine Bolle with attachments; the
25 government's sentencing memorandum and motion to order to seal

3
1 the sentencing memorandum which the Court has signed and
2 provided to the in-court deputy for filing; the Defendant's
3 sentencing memorandum with exhibits and motion in order to seal
4 the Defendant's sentencing memorandum, which order the Court has
5 signed and is submitting for the in-court deputy for filing.
6 I have also reviewed the United States Pretrial Services
7 release status report and the sealed plea agreement. Counsel
8 for the government, are you aware of any additional documents
9 submitted for my consideration that I did not state for the
10 record?
11 MR. FRIEDMAN: No Your Honor.
12 THE COURT: Counsel for the defense, same question for
13 you.
14 MR. OFFENBECHER: I just want to make sure that the
15 Court has received a -- an amendment to the probation report.
16 There was a one-page insert.
17 THE COURT: Yes.
18 MR. OFFENBECHER: Other than that, no, nothing.
19 THE COURT: Okay. And, Mr. Offenbecher, I am assuming
20 also that you've had the opportunity to review the presentence
21 report with your client?
22 MR. OFFENBECHER: Yes, Your Honor.
23 THE COURT: Counsel, there are a few objections that
24 you had. First of all, I note that you had clarifications. I
25 don't treat the clarifications as something that requires Court

4
1 resolution or Court intervention; is that correct?
3 THE COURT: Now the next, Counsel, you had a few
4 objections which the Court wishes to address. The first
5 objection dealt with the drug quantity and the calculation of
6 the drug quantity. First of all, I'll let you know that I am
7 inclined to grant your objection in light of the fact that it
8 does not appear to be fair to sentence some defendants under
9 mixture and some defendants under pure quantities of drugs, and
10 I'll certainly give the government the opportunity to make
11 objection against that, but I believe it's appropriate to treat
12 all defendants similarly situated the exact same way and not
13 give benefit to those that have the benefit of pleading guilty
14 and being sentenced before the laboratory reports come out. So
15 just on that objection, Counsel for the government, do you wish
16 to weigh in at all?
17 MR. FRIEDMAN: Your Honor, I would just ask to
18 preserve my objection for the record. I guess I would say that
19 I think it is appropriate to sentence based on the record as it
20 exists. I have no further argument to offer.
21 THE COURT: Your objection is noted. Next, Counsel,
22 is Mr. Offenbecher's objection regarding role in the offense.
23 Counsel for the defense, I will give you the opportunity to take
24 further argument if you wish. Mr. Offenbecher.
25 MR. OFFENBECHER: Your Honor, I am not sure that I

5
1 need to argue to the Court. I think the Court probably has in
2 mind the facts in the case, and during the course of our arguing
3 the case to the Court since it is a proposed 11(c)(1)(C)
4 agreement with the three to five year range, I would like to
5 address the Court on Mr. Wilson's role in the offense as
6 compared to the others. And we were simply suggesting that in
7 calculating the guideline range, that weighing one factor that
8 it ought to be as Mr. Friedman's suggested a two level downward
9 adjustment. I simply suggested a four level downward
10 adjustment. If the Court, and for the reasons I've stated, and
11 I don't think I have any further argument, if the Court accepts
12 that, the 11(c)(1)(C) agreement, the range will be below the
13 guideline range in any case, so I think the -- the argument that
14 I make here is sufficient.
15 THE COURT: Okay. Any supplementation that you wish
16 to make, Counsel for the government, on that issue?
17 MR. FRIEDMAN: No, Your Honor. The government agrees
18 with the Probation Office. The facts here in the record negate
19 minor but not minimal adjustment.
20 THE COURT: Mr. Offenbecher, with that specific
21 objection which the Court is going to rule on in my overall
22 calculations, do you have any other objections that require
23 Court intervention or resolution?
24 MR. OFFENBECHER: No, Your Honor.
25 THE COURT: Counsel for the government, I assume that

6
1 you have no other objections to the presentence report that
2 require Court intervention; is that a correct statement?
3 MR. FRIEDMAN: That is correct, Your Honor.
4 THE COURT: All right. Then I will announce my
5 conclusion as to the appropriate offense level and criminal
6 history category. We begin with the Court noting first of all
7 that I have used the November 2009 edition of the Sentencing
8 Guidelines for these calculations. The Defendant has entered a
9 plea of guilty to Count 1, conspiracy to export firearms without
10 a license and Count 2, distribution of cocaine. The guideline
11 for a violation of Title 18, United States Code, Section 371 is
12 found at guideline section 2X1.1. The base offense for Count 1
13 is level 26. There are no other adjustments appropriate for
14 offense characteristics, victim related adjustments, role in the
15 offense or for obstruction of justice as it relates to that
16 particular count, therefore, the adjusted offense level remains
17 a 26.
18 Now as it relates to the calculation for the second count,
19 which is distribution of cocaine, the Court has already noted
20 for the parties that I will sentence the Defendant under the
21 calculation, and that is the calculation that is provided in the
22 response to the objections, and the parties look at page three
23 of the response to the objections attached to the presentence
24 report, the Court believes that is an accurate statement with
25 the Court treating the drug amount as a mixture to make sure

7
1 there is consistency in sentencing for all defendants. In that
2 regard with that conversion, the base offense level should be
3 34. The Defendant in this regard the Court will find him to be
4 a minor participant, and under 3B1.2(b), the base offense level
5 is reduced by three levels in the Court's sentencing guideline
6 2D1.1A5. In this regard it goes from a 34 to a 31.
7 Under specific offense characteristics, the Court finds
8 that the Defendant did appear with, at least on May 9th, the
9 Defendant showed an undercover officer several weapons and body
10 armor he had in his possession, additionally provided security
11 to law enforcement officers during a cocaine transaction on the
12 date, same date. On June 10th the Defendant was arrested in
13 possession of a loaded .38 special pistol and a loaded .357
14 revolver when he provided security for an undercover officer
15 during a cocaine and methamphetamine transaction. And the Court
16 believes under these total circumstances a two level adjustment
17 upwards for possession of a firearm pursuant to guideline
18 section 2D.1.1(b)1 is appropriate.
19 The Court also believes that the adjustment for role in the
20 offense should be at a level -- two level reduction. The Court
21 finds that the Defendant was an enforcer to drug transactions
22 and he was armed with a firearm. The Court finds that under
23 these circumstances his conduct does not warrant this being
24 treated as a minimal participant but does find that it
25 constitutes a minor adjustment, therefore, a two level

8
1 adjustment downwards is appropriate. The adjusted offense level
2 is therefore 31, no adjustments for obstruction of justice. The
3 multiple count adjustment under guideline section 3D1.4 is
4 appropriate. Combine the two offense, the Court believes there
5 is an increase in the offense level of one. This leaves us with
6 a combined adjusted offense level of 32. The Defendant has
7 timely entered a plea of guilty which has given the government
8 the opportunity to more efficiently and effectively utilize its
9 resources. The Court is also satisfied based upon the level of
10 cooperation provided by the Defendant and the statement to this
11 Court that it warrants a three level reduction for acceptance of
12 responsibility. This leaves us with an offense level subtotal
13 of 29. Without Chapter 4 enhancements the offense level remains
14 at 29. The Defendant has a criminal history category of one,
15 which leaves this Court with a range of imprisonment of 87 to
16 108 months. Counsel for the government, how do you wish to
17 respond to the calculations made by the Court?
18 MR. FRIEDMAN: The government agrees with those
19 calculations, Your Honor.
20 THE COURT: Counsel, I also need to note that in
21 addition to that, the supervised release range is three years,
22 probation range not eligible and the fine range is 15,000 to $1
23 million. Any objection to that additional calculation, Counsel
24 for the government?
25 MR. FRIEDMAN: I'm sorry, you said the supervised

9
1 release range is?
2 THE COURT: Three years.
3 MR. FRIEDMAN: No objection, Your Honor.
4 THE COURT: Counsel for the defense, how do you wish
5 to respond to the calculations made by Court subject to the
6 objection that you made?
7 MR. OFFENBECHER: Subject to the objections, those are
8 seem accurate, Your Honor.
9 THE COURT: Then in that regard, Counsel for the
10 government, your sentencing recommendation.
11 MR. FRIEDMAN: Your Honor, the government is
12 recommending a sentence of 48 months imprisonment in this case.
13 There is really -- I'd largely like to rely on the sentencing
14 memorandum that I filed. There are really two factors that I
15 would like to address. First I think, and I think the defense
16 is going to argue, and the defense sentencing memorandum
17 certainly argues, there is a question of what the Defendant's
18 role was and the conduct for which he is being sentenced. And I
19 think Mr. Offenbecher will make arguments that the Defendant was
20 kind of led into a lot of the conduct for which he is being
21 sentenced here and the conduct that drives this guideline range
22 by an undercover officer. And I wanted to make clear that when
23 we look at the offenses for which the Defendant is being
24 sentenced, he did play a very active role in those offenses.
25 First as regards to Count 1, which is the conspiracy to

10
1 smuggle firearms to Mexico without a license, that occurs before
2 there is any undercover officer involved, so that -- that is
3 basically entirely Mr. Wilson's conduct, his own volition. And
4 second when we turn to the drug charge, Count 2, Mr. Wilson had
5 made some very small, really personal use quantity sales of
6 drugs by himself to the undercover agent and to other people
7 before the whole question of what was his role and who was
8 providing the motivation for it occurs, so he is engaged in some
9 sales of much smaller quantities than the sales that ultimately
10 led to his arrest. Really it is his own conduct again as
11 opposed to entrapped or partially entrapped and then he does --
12 and then that is all before we get to the question of what is
13 Mr. Wilson's conduct versus what is he being lured or brought
14 into by the undercover agent. So there is a lot of conduct here
15 that that issue doesn't even apply to, and then once the
16 undercover agent starts playing sort of a very significant role,
17 that's when we have the transaction, the drug transaction
18 becomes much larger and Mr. Wilson providing security, providing
19 advice of how to do it, showing up with guns, so he is engaging
20 in additional conduct there that is serious even once he is
21 having sort of very -- having dealings with the undercover agent
22 leading to that. But when you look at the whole pattern, we
23 have a pattern that goes for four years, or five years really,
24 where the majority of the conduct is Mr. Wilson's conduct
25 without any question of whether he is legally entrapped or

11
1 whether he is enticed or lured into this conduct. I think that
2 is an important distinction for the Court to remember.
3 If the Court does, we're looking at two serious crimes
4 here, one, the effort to smuggle firearms to the Zapatista, and
5 I think in some sense it's important for the Court to look at
6 Mr. Wilson's motivation because most people who smuggle firearms
7 abroad are probably doing that to make money. They found
8 smuggling guns more valuable, more valuable in Canada. They
9 smuggle them up there to try to make money. They're not
10 worrying about the fact that they're being used for drug
11 distribution and causing violence. Mr. Wilson's motivations are
12 not that, he was not trying to make money. In fact, he spent
13 money doing this and he believed that he was doing something
14 that would help the Zapatista, a group with whom he had sympathy
15 and whom he helped in peaceful ways in addition, and so, that is
16 somewhat mitigating. At the same time sending firearms into a
17 conflict is going to have all kinds of ramifications and likely
18 lead to loss of life in ways that you cannot predict. That --
19 no one can predict it. We can't even know what happened, so
20 that is very serious conduct. It is criminal conduct and that
21 is why we're here on that count.
22 The second thing is the government spent a lot of time in
23 this case trying to come up with an appropriate recommendation.
24 I think one of the hardest factors for the Court is coming up
25 with a fair punishment, both in this case as against the general

12
1 background cases -- both against the general background cases
2 that the Court sees and also the Court already alluded to trying
3 to come up with a punishment that is fair relative to Mr.
4 Wilson's co-defendants in this case.
5 Three of those co-defendants have been sentenced who were
6 basically purely drug trafficking have been sentenced to
7 mandatory minimum sentences, and that is Mr. Zavala-Bustillo who
8 was sentenced this morning to ten years and Mr. Fletes and Mr.
9 Canterero-Arteaga who each received five year sentences and
10 obviously we're asking for a lower sentence than that. I think
11 that is appropriate in light of all the factors in this case.
12 So the closest comparison when you really look at it to Mr.
13 Wilson is probably Mr. Reinsch in terms of saying what is an
14 appropriate thing, how do we sentence Mr. Wilson in a way that
15 is fair and is not -- doesn't create a unwarranted disparity
16 with Mr. Reinsch. And in looking at those two defendants, there
17 are several -- it comes out fairly close and that's why the
18 government is recommending 48 months as opposed to the 42 months
19 that Mr. Reinsch received.
20 There are really three factors that drive that, one is the
21 longer period of time of Mr. Wilson's conduct here. Mr. Reinsch
22 also had a sympathetic story as the Court will remember, he was
23 basically a productive member of society until probably three to
24 six months before the events that led to his arrest here. He
25 had a job. He had a business he was trying to start. He was

13
1 probably using drugs recreationally on the side, but he was not
2 distributing drugs and then his life just fell apart and he went
3 from being a small scale drug dealer to suddenly being a huge
4 drug dealer, and so, when you compare those two, Mr. Wilson's
5 conduct spans a longer period of time that Mr. Reinsch.
6 The second is firearms, and I think involving firearms in
7 crimes is always a serious thing and Mr. William -- Mr. Wilson
8 has that in two ways here, one, the firearms were exported to
9 Mexico, and two, the firearms that were providing security at
10 the drug transaction. The third is the fact that as the Court
11 knows, Mr. Reinsch's conduct probably led to the successful
12 conclusion of the case against Mr. Fletes. The information that
13 he provided is what turned the case that was going to trial into
14 one in which Mr. Fletes plead guilty. And without taking away
15 from the matters discussed in the government's filing concerning
16 Mr. Wilson, there is not a similar result or benefit in this
17 case, and so, the government is trying accord some way to that.
18 So looking at those three factors, I think it comes out
19 fairly close, but in weighing those, the government believes a
20 slightly longer sentence is appropriate and that's why we're
21 recommending the 48 month sentence. Thank you, Your Honor.
22 THE COURT: Before I come to you, Ms. Bolle, is there
23 anything else you wish to add?
24 MS. BOLLE: Let me mention he was originally charged
25 with some very serious class A and B felonies which would have

14
1 subjected him to mandatory minimums, so I think the resolution
2 in this case as far as culpability with the other defendants is
3 a very fair one and I agree with the 11(c)(1)(C) agreement and
4 we would recognize that he get 48 months imprisonment.
5 THE COURT: Thank you. Mr. Offenbecher?
6 MR. OFFENBECHER: Thank you, Your Honor. Your Honor,
7 at the -- we're recommending a sentence of 36 months. At the
8 risk of undercutting my recommendation, I think I should say at
9 the beginning that I think it's appropriate to thank Mr.
10 Friedman for his conduct in this case. This in my mind was an
11 unusual case and I think the Court can see that and in some ways
12 a difficult case for both parties to resolve. It took some time
13 do that.
14 Mr. Wilson was targeted by the government for some specific
15 information and as it turns out he did not have exactly the
16 information that the government had hoped for, and as the Court
17 is aware from its own experience, a federal prosecutor can
18 sometimes put -- can lead to untoward results that are
19 unintended, and in this case I believe that Mr. Friedman acted
20 always in good faith and was always willing to listen and he was
21 acting in the highest tradition I believe of the United States
22 Attorney's Office for the Western District of Washington, an
23 office in which I have great respect. So Mr. Wilson and I, and
24 Mr. Wilson has specifically asked me to thank Mr. Friedman for
25 his consideration in this case and for being thoughtful and

15
1 always listening to the information which was not exactly -- the
2 case did not come out exactly the way the government had hoped
3 for in the beginning, and so, we thank him for that and I think
4 the Court should know that Mr. Friedman has gone the extra mile.
5 At the same time we disagree with his recommendation for
6 the reasons that I am going to state now, and we agree that this
7 was serious conduct, serious crimes and that guns are involved.
8 It's obviously a serious matter. But at the same time, Your
9 Honor, I think it's appropriate to put Mr. Wilson's conduct in
10 context. As Mr. Friedman points out in his letter to Ms. Bolle,
11 the -- if you were punishing Mr. Wilson for the amounts of
12 methamphetamine or cocaine that he, himself, was involved with
13 when he was doing these poker games, you would have a level 12
14 in federal court, which after acceptance of responsibility would
15 yield a six to 12-month range. That is the level of criminal
16 activity that Mr. Wilson was involved in, and admittedly he was
17 involved in during these poker games. His drug dealing, if you
18 would, was essentially the undercover officer saying, hey, can
19 you get me some cocaine or can you get me some meth and giving
20 these very small gram amounts. That is the amount, so Mr.
21 Wilson said, sure, and he got it for him. He was not a drug
22 dealer. He was not making a living as a drug dealer as
23 everybody else in this case was. They were all drug
24 traffickers, including Mr. Reinsch.
25 So the -- to put the case in context, that was Mr. Wilson's

16
1 level of activity, about a six to 12-month range until the
2 undercover officer encouraged Mr. Reinsch and Mr. Wilson to
3 become involved in these much larger kilo transactions. In a
4 real sense, and as Mr. Friedman accurately points out in his
5 letter to Ms. Bolle, the -- Mr. Wilson had no role at all in
6 negotiating the size of these transactions. He was simply an
7 add-on, an extra person added to the sting. It was Mr. Reinsch
8 whom negotiated the amounts, who went and gave the samples, who
9 showed up and coordinated everything. He did everything. Mr.
10 Wilson was just an appendant, tagged on at the end as another
11 person to sting in the transaction. The truth is that he and,
12 you know, we didn't take this case to trial on an entrapment
13 defense, but there are elements of entrapment. You can call it
14 inducement. You can call it encouragement. Mr. Friedman and I
15 have discussed this on many occasions and he prefers to call it,
16 Mr. Wilson was presented with an opportunity to become involved
17 in this, and that's fine. We can -- that's a characterization,
18 but it's -- there is no question that Mr. Wilson was targeted
19 for this and that the -- the government, and it was not the
20 federal government frankly, it was the local government spent
21 two years insinuating a false friend to Mr. Wilson to the point
22 where by the time he was arrested, Mr. Wilson actually thought
23 this was his best friend, or one of his best friends, and he was
24 an undercover agent who was videotaping and audio recording all
25 the transactions with the goal of, you know, getting record of

17
1 criminal activity.
2 So there are elements of inducement or encouragement. The
3 idea to go to a drug transaction with guns was not Rick Wilson's
4 idea. Mr. Friedman just indicated that he gave some advice. I
5 mean, the advice, Your Honor, was that this person, Brian, was
6 going to have a drug transaction and Mr. Wilson said, hey, that
7 could be really dangerous, and Brian said, hey, will you watch
8 my back? Will you cover my back? And foolishly, as he pointed
9 out to you in his letter, he agreed to do that out of a sense of
10 loyalty. This was not a situation like everybody else in this
11 case where Mr. Wilson was making any money off it. He got $200
12 for the first transaction, which is -- it's a token amount.
13 It's not -- it had nothing to do with the transaction. The
14 second transaction was almost a quarter of a million dollars and
15 they promised Mr. Wilson $500. I mean, these are token amounts.
16 They were done just to kind of complete the circle so they would
17 have a good case against Mr. Wilson.
18 The fact is this person also financed the Cafe Corsair,
19 brought it out of Rick's apartment. I mean, he was really
20 involved in all of the operation. The truth is that Rick would
21 not have been involved in this deal if he hadn't been targeted.
22 Now, that is not to say that Mr. Wilson is telling you that he
23 shouldn't be punished for this. Of course he is going to be
24 punished for it. He plead guilty to the crime and he knows that
25 you are going to impose a sentence, but it is fair to understand

18
1 the context under which the undercover agents came to Rick
2 Wilson, got him into the deal. It was not because Rick Wilson
3 was known in the community as an enforcer of drug deals. He was
4 known in the community as a guy who had a rolling poker game and
5 you could go over and play poker and, you know, occasionally you
6 would get a small amount of illegal drugs. That's what he was
7 known about -- known as.
8 Also Your, Honor, in terms of his role in the offense, I
9 think it is appropriate to compare him to Mr. Reinsch and I
10 would like to offer the Court a slightly different perspective
11 on Mr. Reinsch when you compare it to Mr. Wilson's actual
12 conduct in the case. I mean, and I can't say this enough, Mr.
13 Wilson is not saying that he was drawn into this in the sense
14 that he has a defense to the case, but it is clear that his
15 brain during these past years has been fogged both by bipolar
16 disorder that Dr. Hunter describes and also by Mr. Wilson's own
17 efforts to kind of self medicate that with methamphetamine. I
18 mean, I've heard when I first sat down with Mr. Wilson he
19 described how he had these very specific small amounts of
20 methamphetamine that he would take each day to kind of keep
21 himself on an even keel as if he was apothecary and he was
22 describing the dose that was necessary to keep himself on an
23 even keel. Dr. Hunter -- even before he saw Dr. Hunter, he was
24 absolutely clear that this is what he was doing, and this is
25 what Ms. Bolle found as well.

19
1 If you compare him in terms of role in the offense to Mr.
2 Reinsch, Your Honor, and I am not trying to create new facts.
3 I'm just looking at the facts that Mr. Reinsch admitted in the
4 complaint. The complaint includes both a description of the
5 events and also the agent's recitation of Mr. Reinsch's
6 confession so to speak about what Mr. Reinsch describes as his
7 own role in the offense, and it was not that he was in it for
8 such a short period of time. I mean, he began drug dealing in
9 2008, and Mr. Reinsch describes himself as being a cocaine
10 distributor at local nightclubs. He developed a Honduran drug
11 connection and he quickly evolved into a half a kilogram a week
12 drug dealer in Seattle starting in 2008. That is what he said
13 to the agents in the complaint, so he was a person who was
14 getting along as a drug dealer with all these -- with the half a
15 kilogram a week. Then it increased to one kilogram amounts,
16 then the large transactions which were set up by the sting by
17 the undercover.
18 Mr. Reinsch was clearly an essential part of all of these
19 transactions. He directed where they were going to occur. He
20 changed the location on one occasion from one restaurant to
21 another. He negotiated the amounts. He negotiated the price.
22 He brought samples of the illegal drugs. He had a trap car with
23 secret compartments in it. That was Mr. Reinsch's role, and it
24 was not simply that, you know, he happened to be standing next
25 Mr. Wilson when this all occurred, that was his business being a

20
1 drug dealer. Mr. Wilson on the other hand was a totally non
2 essential part of the deal. He had absolutely no functional
3 role at all. He was asked to come along and bring, you know, a
4 gun. He was so tangential, he was asked by the undercover
5 officer, and he would have never done this before as opposed to
6 anything he had done before. He was so tangential to the deal
7 that the undercover officer had Mr. Wilson on the second deal,
8 they had him wait at a restaurant half a mile away from where
9 the drug deal was really going to happen. They had him wait on
10 West Lake. The drug deal was supposed to happen Joeys and then
11 it was changed to Daniel's on Mercer by Mr. Reinsch by the way.
12 They him wait in a different place and he was arrested before
13 the drug deal even happened. He had no clue. He was clueless.
14 They could have had him waiting at a restaurant in Bellevue,
15 which is not to say that he didn't agree to be part of the drug
16 deal. He did and that's why we're here today and that's why he
17 plead guilty. But functionally if you look at the facts, he had
18 no functional role in the transaction. If you compare that to
19 Mr. Reinsch, you will see that Mr. Reinsch was a critical part
20 of the transaction.
21 So other comparisons with Mr. Reinsch, Mr. Reinsch was
22 released on Pretrial Services release just as Mr. Wilson was at
23 about the same time. Within two weeks Mr. Reinsch had a dirty
24 UA. He was brought in by his pretrial services officer. He
25 promised that he would never use methamphetamine again on

21
1 Pretrial Services release and a no action memo was sent to the
2 Court, which the Court signed off on. He promised in effect
3 that he would not re-offend. A few weeks after that Mr. Reinsch
4 had another dirty UA. He was brought into court that time. He
5 was brought in front of the magistrate judge. They had a
6 hearing on that and the magistrate judge released Mr. Reinsch
7 again on the promise that he would not use methamphetamine
8 again. He promised the Court. He promised everybody in court.
9 He promised the pretrial services officer and was released
10 again. A few weeks after that Mr. Reinsch had yet another dirty
11 UA, the third UA dirty with methamphetamine, came into court and
12 finally the magistrate judge revoked him and put him in jail.
13 That is to be contrasted with Mr. Wilson. Mr. Wilson did
14 not have one relapse or two relapses or three relapse. He had
15 zero relapses, and this is a very, very difficult drug to kick.
16 The Court has a lot of experience with people with drug
17 addictions and methamphetamine after 13 years, particularly when
18 it is used to medicate another mental illness is a very, very
19 difficult drug to master. And Rick Wilson has done that for an
20 entire year now. That is a remarkable achievement and it is
21 something that the Court ought to take into consideration. I
22 know that the Court expects everyone to follow its orders, but
23 not everybody does, and in this case Marshall Reinsch did not.
24 Marshall Reinsch did not follow the Court's orders, but Rick
25 Wilson did.

22
1 The one other fact, and this is getting a little bit ahead,
2 but I think the Court ought to consider that Mr. Reinsch -- I
3 know the Court recommended Mr. Reinsch get drug treatment in
4 prison, and he is eligible for the RDAP program, and Mr. Reinsch
5 will likely be able to participate in that. We can't predict
6 with any certainty. A person who participates in the RDAP
7 program will receive up to a year -- I just checked with Ms.
8 Bolle one this, up to a year off of their sentence if they
9 successfully complete all the substance abuse treatment. And I
10 am hoping that Mr. Reinsch is successful this time in completing
11 that treatment. Mr. Wilson will not be able to get any benefit
12 from the RDAP program because there are guns involved in his
13 crimes of conviction, so he can go to the treatment, he can get
14 the treatment and he looks forward to that, but he is not going
15 to get any time off his sentence because of the crime of
16 conviction, even though the fact is that both Reinsch and Wilson
17 in a lot of ways are here for the same crime. So the Court
18 ought to consider that, that Mr. Wilson has been out doing the
19 treatment. He has been walking the walk while Mr. Reinsch
20 failed, and yet, Mr. Reinsch is going to get some significant
21 time probably off his sentence.
22 The government argues, Your Honor, that the Court ought to
23 sentence Mr. Wilson more harshly because his misconduct was over
24 a longer span of time. I think that is not an exactly accurate
25 characterization of the conduct. In 2005 Mr. Wilson

23
1 participated with another individual in sending some arms to the
2 Zapatistas. That is the end -- pretty much the end of that
3 transaction. It's one transaction, it's in 2005. Then the
4 conduct that is before the Court is in 2009, it's conduct that
5 occurred over a two-week period really. Again, if you were
6 sentencing him for what he really was up to in the months
7 leading up to that, it would be a six to 12 month range, but the
8 two events are one in 2005 and one in May and June of 2009.
9 It's not a -- I don't think it's a real fair characterization to
10 say that all of this was happening all over that period of time.
11 (Page 23, line 11 through first two words on line 13 redacted by
12 order of Judge Jones.)
13 It's been indicated in the pleadings that there was some
14 intelligence about an event like the, but not that Mr. Wilson
15 was ever involved in.
16 So in the absence of him telling the government about it,
17 you wouldn't even be sentencing him for it, but it wasn't a
18 continuous course of conduct and I don't think that is a fair
19 characterization. The fact that Mr. Reinsch's cooperation
20 produced a guilty plea is good. There may not be any similar
21 benefits. That is a matter that is, again, without Mr. Wilson's
22 control the government can choose to charge based on the
23 information it has or not. We have no control over that and it
24 sometimes happens with people who are not actually involved in a
25 serious crime when the government thinks that they are. It

24
1 produces somewhat of an inequity that the person who really is
2 involved in the crime gets a better sentence than the person who
3 just wasn't involved in this.
4 Your Honor, there are some other mitigating factors. First
5 of all, Mr. Wilson is 40 years old. He has no prior
6 convictions. He has led a somewhat rebellious life frankly in
7 the environmental movement, but he has never been arrested for
8 anything other than once he was arrested for the Rodney King --
9 for demonstrations around the Rodney King event, but I mean, he
10 has never been charged with a crime before, which speaks well
11 for his discipline and his integrity quite frankly.
12 (Page 24, last two words on line 11 through the first word on
13 line 14 redacted by order of Judge Jones.)
14 not just by pleading guilty or writing the letter, but by his
15 performance on Pretrial Services release. He has gone for 12
16 months of home detention, largely home detention and GPS
17 monitoring with no violations, which is -- there was one
18 violation where it was very minor. It was something he -- he
19 called in a little bit later. I can't remember exactly what it
20 was, but he has no substantive violations at all, and certainly
21 no dirty UAs like Mr. Reinsch had. And I think the Court in
22 imposing a sentence ought to understand that, and I know the
23 Court understands, but ought to consider the fact that up until
24 February, he was on home detention on GPS monitoring and that is
25 a significant -- you know, that is a significant restriction on

25
1 a person's liberty. He has had this whole year of very close
2 supervision and demonstrates that he can follow your orders.
3 Another mitigating factor, Your Honor, is that Mr. Wilson
4 is suffering from what has up until now been an undiagnosed
5 mental disorder and it's characterized by Dr. Hunter as being
6 severe bipolar II disorder, and I know the Court has had an
7 opportunity to review that report. Dr. Hunter did a very
8 comprehensive examination, including a huge battery of tests, a
9 lot of collateral sources, and many hours of interviews with Mr.
10 Wilson, and I have every confidence that that is an accurate
11 diagnosis. And I have to say to the Court, you know, I have
12 represented people charged with crimes for 30 years in this
13 city, and when I first met Mr. Wilson, he is one of I would say
14 a handful of maybe I can count on one hand who weren't in the
15 hospital already who were so profoundly affected by the
16 depression that Dr. Hunter describes. I mean, there are days
17 when Mr. Wilson literally had difficulty getting his -- picking
18 his head up off of his hand or the table. He was so profoundly
19 depressed and his family has told Dr. Hunter about this as well.
20 But he has -- when he is in the depressed periods, he's just
21 extremely depressed.
22 At the same time he is a very intelligent person. He is a
23 person who has applied himself and he has some understanding of
24 his mental illness now in a way that will help him conquer that.
25 We're not suggesting that he had diminished capacity defense,

26
1 although there are elements of that, but the fact is he has been
2 in a fog for the past 13 or 14 years, both as a mental illness
3 and with the methamphetamine. The good news is that Mr. Wilson
4 shows good insight into his addiction and has mental illness.
5 Your Honor, the case does involve guns and I think I should
6 address the fact guns are scary, they sound scary and they are
7 scary, but I think the -- to put it slightly in context for the
8 Court, the Court should understand that Mr. Wilson grew up in
9 Oklahoma. All his family is from Oklahoma, and the truth is
10 that it's not unusual for a person to have a bunch of guns in
11 Oklahoma. Most people in Oklahoma do have guns and, you know,
12 it's -- it may seem a little cavalier, but it is a different
13 community other than the community that we live here in Seattle.
14 And all of the guns he had were legal, legally owned, and when
15 we see a person with a bunch of guns in downtown Seattle, we
16 expect that sometimes that they may be involved in some kind of
17 criminal behavior with those kinds, and that is kind of our
18 experience, or my experience anyway, but it's not necessarily so
19 for a person from Oklahoma. And if you look at his record, you
20 can see that.
21 He has no history of violence of any kind of violence, no
22 history of any kind of gun violation. He has owned guns all his
23 life. It's part of his cultural identity, but the truth is he
24 hs no history of violence and the truth is he's never going to
25 possess a gun again, ever. He's never going to stand with a gun

27
1 in his hand. He's never going to have a gun in his drawer or
2 under his again. Because of this felony conviction, that is
3 over with, and all of the guns that he owns at this time at
4 least were legally owned.
5 (Page 27, line 5 through the first six words of line 10 redacted
6 per order of Judge Jones.)
7 was revealing the Chiapas information, and as you can see
8 from the photos, Mr. Wilson taking an ambulance of medical
9 supplies and handing the keys over to the ambulance to the
10 medical staff there, that was a deeply held and a genuinely held
11 belief that those people were being oppressed and he was trying
12 to help them. The guns were also an attempt to help them and he
13 understands that it's legal, it's wrong and it's dangerous, and
14 I can tell you he believes every word of what he said in his
15 letter, that he wishes he had never done that and it was wrong.
16 At the same time what Mr. Friedman said is true, he was not
17 motivated by greed. Neither of these crimes frankly were
18 motivated by greed. They were motivated by in one sense to help
19 some people that he thought needed help, and in the other case
20 to try to help a person who he thought was a friend.
21 Your Honor, in the end the Court of course has to look at
22 the person before -- standing before them and decide whether 36
23 months is sufficient or whether 48 months is actually necessary.
24 By imposing a sentence of 36 months, you do not minimize the
25 conduct or the fact that guns are dangerous. Rick Wilson will

28
1 never possess a gun again. He will never be involved in this
2 type of crime again. He will never be involved in he an illegal
3 drug deal again, but by imposing a 36 month sentence, you do
4 recognize that Mr. Wilson has been suffering from bipolar
5 disorder that has altered his judgment and his mood over the
6 past 15 years. You -- by imposing a 36 month sentence, you do
7 recognize that methamphetamine he has been using that to self
8 medicate and that that has also altered his judgment for the
9 past years. By imposing a 36 month sentence you do recognize
10 that, unlike Mr. Reinsch, he has followed the Court orders
11 faithfully for an entire year. You recognize by a 36 month
12 sentence that he has successfully completed an entire year of
13 substance abuse treatment and mental health treatment as Mr.
14 Reinsch has not. And you recognize by that sentence that he has
15 successfully in an entire year kicked a methamphetamine habit,
16 which Mr. Reinsch did not.
17 This drug deal would have happened with or without Rick
18 Wilson as Mr. Friedman candidly points out in his letter to Ms.
19 Bolle. It simply was going to happen one way or the other and
20 if he showed up for it, yeah, fine, if he didn't, they -- they
21 asked him to show up and he showed up. Mr. Wilson is not going
22 to have also the benefit of time off for the RDAP program.
23 Your Honor, if the Court imposed a 36 month sentence in
24 this case, and Mr. Wilson is going to go to prison in the next
25 month or so, if you impose the 36 month sentence, when Mr.

29
1 Wilson got out of prison, he would have been drug free for four
2 years. He has spent the entire year doing substance abuse and
3 walking the walk. He will have gone through that entire period,
4 including the GPS home detention, at the end of the 36 months,
5 he will be drug free for four years, and he will have had his
6 liberty restricted for four years. When you look at it, you --
7 when I look at it, here is what I think. I think he's going to
8 go to prison some time in June and he is going to spend a whole
9 year through the holidays and come back in the next summer and
10 that's one year that will be done. And then he is going to look
11 forward to another year and he is going to go through the fall
12 and Christmas and the spring and that will be -- come back to
13 June and that will be the end of his second year. And then if
14 the Court imposed 36 months, he would have one more year that he
15 would go through the fall, the holiday season, the spring and
16 next summer some time the question is that that would be the
17 three years and the year that he has already served. The
18 question is, is it really necessary under the guidelines for at
19 the end of that three years for Mr. Wilson to say, okay, I have
20 one more year to do. And if you impose it, he will do the time.
21 There is no question about that. But is it really necessary
22 after the success that he has demonstrated to you on pretrial
23 services, on kicking the methamphetamine habit, on the fact that
24 he has been suffering from a mental illness, is it really
25 important after those four years, one year out and three years

30
1 in, is it important and critical to the justice system that he
2 do yet one more year in prison?
3 I respectfully ask you to exercise your discretion and
4 determine that that extra year that will come three years from
5 now, that extra year in federal prison is not necessary. It's
6 not necessary because Mr. Wilson has demonstrated his resolve.
7 It's not necessary because he has demonstrated he will follow
8 your orders to the "T" and that he will not be a danger in the
9 community and that he will not relapse, and those are things
10 that you can count on based on his performance. Thank you, Your
11 Honor.
12 THE COURT: Thank you, Counsel. Mr. Wilson, your
13 lawyer has spoken for you. He's also filed several documents
14 which I have identified and I have reviewed for purposes of
15 determining the proper sentence. Sir, you are not required to
16 say anything at all at this point in time, but you do have a
17 separate independent right to tell me anything that you want me
18 to know before I decide your sentence. If there any comments
19 that you would like to make, please step up to the lectern and
20 address the Court from there.
21 THE DEFENDANT: I believe Mr. Offenbecher has said
22 everything very well and I agree with what he said and I
23 appreciate it very much. I just have a -- some very brief
24 personal notes to -- I've got personal things to say I guess. I
25 would like to apologize to my friends and family for any

31
1 suffering that my behavior in this situation has caused. I say
2 that -- okay. Maybe I have to cut this short. I would like to
3 say I appreciate that in the last year the federal government
4 has made available and, in fact, helped fund my drug treatment
5 for the last year. Hopefully it be available in prison. I
6 would like to say that I used some pretty bad judgment and did
7 some stupid things and foolish. I have never been in a
8 situation like this before. I promise I will never be in this
9 kind of situation again, and yeah, I never expected this sort of
10 thing to happen like this. And regardless of whatever the
11 sentence is, I have spent the last year of in-house custody and
12 living at home trying to make the best of the situation, and I
13 intend to, regardless of whatever the sentence is, to make the
14 best of the next several years. I have already talked and
15 helped to make arrangements for trying to finish up my college
16 degree, so I hope to not waste -- regardless of what the
17 sentence is, not waste the next few years. Thank you very much.
18 THE COURT: Thank you, sir. You may be seated. If
19 there is nothing further from the parties, the Court will make
20 the following determinations. First of all, this Court is
21 mandated to calculate the appropriate guideline range, which I
22 have done then to look at each individual variances or
23 departures that might be applicable in view of all the facts and
24 circumstances. Now, in fashioning the sentence, sir, that I
25 will impose, I have specifically looked at and considered all of

32
1 the Section 3553 factors and the sentencing guidelines. Now,
2 sir, when I look at all the different reports and all the
3 information that has come to this Court and the aggressive
4 advocacy that your lawyer has provided to you, and be very
5 thankful of the quality of representation that you received from
6 Mr. Offenbecher and the statements and arguments he has made on
7 your behalf, because I think in many ways your life has been
8 saved by the fact that you were charged and arrested. Because
9 but for this charge, but for this conviction, what labels were
10 associated with you and your lifestyle, rebellious, drug dealer,
11 facilitator of a gambling house and firearms distributor.
12 Now, how you wish to paint the circumstances, however you
13 wish to gloss and make them give a better appearance for you,
14 that is what your life looked like before you were charged and
15 before you were arrested. Now, sir, you have the benefit of so
16 many gifts that have been given to you. I've already sentenced
17 two people this morning, two ten years for each of the
18 defendants. Both of those individuals were involved in drug
19 dealing. Both of those individuals came from horrible
20 circumstances in terms of childhood, without parental guidance
21 whatsoever. They grew up in circumstances of extreme poverty.
22 They grew up without the benefit any level of education
23 whatsoever, and sir, up to the point in time before you were
24 arrested, most of the choices that you made in many ways were
25 bad choices. Now, when I look at your history and

33
1 characteristics, I accept the fact that some of those bad
2 choices and some of those decisions were made because of the
3 mental deficiencies that you experienced and some of the fog
4 that your lawyer has characterized that you had to live and
5 endure.
6 But accepting that, sir, you were still making conscious
7 decisions and you were making conscious choices of which
8 direction that you wanted to take. No one forced you to do any
9 of those things. Those were all choices and all expressions of
10 your own personal desires. But I also see, sir, when I look at
11 the letters of support that have been provided on your behalf,
12 an individual who is a caring person, who has the ability and
13 capacity to make profound changes, and I also see based upon
14 what you have done since you have been charged, since you have
15 plead guilty, which demonstrates to this Court that you do have
16 the capacity to change. The fact that you were able to address
17 your drug addiction played a significant impact on the sentence
18 that you are going to receive today, because that tells me that
19 when given specifics, you know what to do, but in these
20 circumstances you had to be forced to do it. Whatever the
21 outcome is, it appears to be positive.
22 Now, sir, when I look at the nature and circumstances of
23 the particular offense, we have two different charges before
24 this Court and we can't emphasize just one over the other. If
25 you recall most of the strength of your lawyer's argument today

34
1 was made over specific comparisons between your conduct and the
2 activities of Mr. Reinsch who was much more aggressively
3 involved in drug dealing, who had larger quantities of drug
4 dealing. But we can't ignore the fact, sir, of what you had
5 done in your past and the reasons why you are here today, that
6 is because you were involved in firearms transactions, and
7 whether you did it for profit or noble reasons, still doesn't
8 make a difference. Guns were transported illegally outside of
9 this country. Now, sir, you also have to put in perspective
10 what you did depending upon where you are in the planet, there
11 are some people who might even characterize your activities
12 despite the noble cause and your belief as being a terrorist.
13 Think of the words that your lawyer used this morning, your
14 lawyer used the words that you felt people were oppressed and
15 you wanted to give them guns to assist those individuals. Now,
16 sir, you could place those same labels on people who have
17 attacked other countries and other individuals who have caused
18 severe loss of life because a person thought it was the right
19 thing to do. Sir, you are not in a position to make that type
20 of value judgment, and I can't say that you can't, but you do
21 have to pay the consequences when you involve yourself like
22 that.
23 Now, sir, I saw pictures of the things that you were doing
24 in terms of -- at your own expense, going to other countries,
25 providing wonderful services and being deeply concerned about

35
1 other human beings, and that is to be applauded, but sir, your
2 moral compass in terms of how far you can go and what you can do
3 somehow went askance and it caused you to be involved in these
4 particular activities. So I look at the nature and
5 circumstances of what you did in this particular offense, it is
6 very significant and it was very wrong. Now, who got you
7 involved in these particular activities? Some ways it really
8 doesn't make any difference, because ultimately you had to make
9 the choice of saying, I want to become involved. Now, how
10 deeply were you involved? Your lawyer characterized the fact of
11 just mere presence with the firearms in some of the drug deals
12 and the fact that you received just a small amount of money, but
13 sir, take out the fact of protection in most drug deals or a lot
14 of drug deals in this country, that plays a critical role of
15 someone playing the role of the enforcer or someone playing the
16 role of security. What happens if something goes awry with the
17 security? Security feels that they have to compel -- are
18 compelled to protect the person and they have to act and they're
19 motivated to act. And even though you are only being paid $500,
20 or even if it is just $50, an enforcer still puts the position
21 of a drug deal in a dangerous transaction.
22 In that regard, sir, the Court has to let you know that the
23 sentence that I impose has to reflect the seriousness of what
24 you were involved in. Now, a big factor for me is to try and
25 compare your activities with what you did compared with what

36
1 other individuals did because I am the last person to want any
2 significant sentencing disparity to take place. I could go and
3 recount all the factors that the government has outlined and all
4 the factors that your lawyer has outlined to show the comparison
5 between you and the activities of Mr. Reinsch, because that is
6 the person overall who you are the closest compared to.
7 Sir, I also want you to understand that Mr. Reinsch did not
8 involve himself in the depth of activity with firearms as you
9 have, and that is a major significant factor. But at the same
10 time, Mr. Reinsch also provided specific information that
11 actually resulted in someone being prosecuted and someone
12 pleading guilty.
13 (Page 36, last nine words on line 16 through first three words
14 on line 21 have been redacted per the order by Judge Jones.)
15 So, sir, it's a combination of all those factors that the
16 Court has looked at to ensure that you have a respect for the
17 law, that you don't become involved in this type of activity
18 again in the future. Now, based upon the fact that you have not
19 been charged at least or convicted of anything in the past, the
20 fact that you have demonstrated to me that you can comply leads
21 me to believe that there is no real purpose in having to impose
22 a sentence to motivate you to deter you from committing further
23 criminal activity.
24 So in that regard first of all, I am going to place you on
25 three years of supervised release and impose the standard

37
1 conditions of supervised release. Sir, those conditions of
2 supervised release will be exactly as stated in the presentence
3 report, but I want you to hear from me from the bunch a summary
4 of what those conditions are, merely a summary. Please pay
5 close attention to what they -- how they're written in the
6 report. That includes first that you cooperate in the
7 collection of DNA as required by the probation officer. You are
8 prohibited from possessing a firearm. You should submit to drug
9 testing or alcohol testing as required. You will participate in
10 a drug or narcotic addiction treatment program as directed by
11 the probation officer, further that you abstain from the use of
12 alcohol or other intoxicants during your term of supervision;
13 that you'll submit your person, residence and identified
14 locations to a search at a reasonable time; that you be
15 participating in mental health program as required by the
16 Probation Office; that you provide access to any requested
17 financial information; that you not be self-employed or have any
18 type of employment other than what is provided in the report.
19 And the Court notes also that you do not have the ability to
20 currently pay a fine and no fine will be imposed.
21 The Court will, however, impose a special assessment fine
22 for both counts in the amount of $200 which amount is due
23 immediately. Now, having imposed all the other conditions of
24 sentence, the only remaining issue is the imposition of any
25 custodial time. I will note for the benefit of the parties that

38
1 the Court does accept the 11(c)(1)(C) sentencing range as
2 proposed by the parties as identified in the plea agreement to
3 specifically sentence you somewhere in the range of 36 to 60
4 months, and that is in paragraph nine of the plea agreement. I
5 believe, however, that based upon all the factors identified by
6 this Court that the appropriate and just sentence is 40 months,
7 and 40 months will be imposed. In this regard, I believe the
8 overall sentence imposed is reasonable and sufficient but no
9 more than necessary to carry out the objectives of sentencing.
10 Counsel for the government, are you aware of any reason why the
11 sentence should not be imposed as stated by this Court?
12 MR. FRIEDMAN: No, Your Honor.
13 THE COURT: Counsel for the defense?
15 THE COURT: Counsel for the government, do you have a
16 judgment before you?
17 MR. FRIEDMAN: I do, Your Honor.
18 THE COURT: Please present it for review by the
19 defense. Now, Mr. Wilson, I want to advise you of your rights
20 to appeal. It's the Court's understanding that under paragraph
21 13 in the plea agreement you waived your rights of appeal and
22 any rights you have on appeal are exactly as stated in that
23 document. In addition to those rights, I wish to advise you
24 that you the right to challenge your counsel's effectiveness.
25 If you wish to appeal the sentence, it is very important that

39
1 you tell your lawyer that is exactly what you wish to do. He
2 can explain to you the issues that are appealable and those
3 issues that may survive. Now, if you wish to appeal the
4 sentence and you cannot afford the filing fee for the Court of
5 Appeals, you can ask me to waive that fee and the clerk of the
6 court will prepare and file a notice of appeal upon your
7 request. Now, please know with few exceptions any notice of
8 appeal must be filed within ten days of the entry of judgment.
9 Do you understand each of these rights, sir?
10 THE DEFENDANT: Yes, sir, I do.
11 THE COURT: Lastly, the waiver does not preclude you
12 from bringing an appropriate motion pursuant to Title 28, United
13 States Code, Section 2241 to address the conditions of your
14 confinement or the decisions of the Bureau of Prisons regarding
15 the execution of your sentence. Now, Counsel, a few other
16 matters, one, I am not certain with respect to Counsel's
17 preference regarding specific designation. Mr. Offenbecher, do
18 you wish to make any specific recommendation or request to the
19 Court?
20 MR. OFFENBECHER: Your Honor, can I hand up the
21 judgment and have just a moment with my client? Your Honor, Mr.
22 Wilson would like to remain on the west coast and either
23 probably -- again, we're just guessing about this, but either
24 Sheridan or Lompoc would be appropriate.
25 THE COURT: Why don't we do this, Counsel, unless

40
1 there is an objection by you is to include the language that
2 says "near as family as possible."
4 THE COURT: To be honest, Counsel, that is the one
5 recommendation that the Bureau of Prisons does engage in their
6 best efforts to follow. And I want Mr. Wilson to know, sir,
7 that all that means is that it is a recommendation. It is up to
8 the Bureau of Prisons regarding the exact location where you
9 will serve your time, but it's -- will be included in the
10 judgment. Next, Counsel, it's the Court's understanding that
11 there has been no specific motion made by the government for the
12 Defendant to be taken into custody at this point. Let me hear
13 from Counsel.
14 MR. FRIEDMAN: That's correct, Your Honor.
15 THE COURT: Obviously I don't think Mr. Offenbecher is
16 going to make that recommendation to the Court.
18 THE COURT: So I will allow the Defendant to self
19 report. What that means, Mr. Wilson, is that you will receive
20 notice from the Bureau of Prisons regarding where you will serve
21 your sentence and the location of where you serve your sentence.
22 Now please make sure that you provide Probation current, always
23 accurate statement of exactly where you are living, even for a
24 day or two if there is any kind of change, because if you fail
25 to appear on the date designated for any reason, that can result

41
1 in this Court imposing additional sanctions and penalties
2 against you and can result in the government filing separate
3 criminal charges against you; do you understand that, sir?
4 THE DEFENDANT: Yes, sir, I do.
5 THE COURT: Counsel, the language now reads on page
6 two under the Court makes the following recommendation to the
7 Bureau of Prisons reads, "FCI designation as near to family as
8 possible." Counsel, if you would like to inspect the judgment,
9 you certainly have the opportunity to do so.
10 MR. OFFENBECHER: That's fine, Your Honor. Thank you.
11 THE COURT: With that, any objection to the judgment
12 or its form?
14 THE COURT: If there is nothing further, I have
15 reviewed the judgment, it does reflect the Court's oral ruling
16 and I have signed it and it's the Court's understanding there
17 are no counts to be dismissed; is that correct, Counsel?
18 MR. FRIEDMAN: That's correct, Your Honor.
19 THE COURT: With that, Mr. Wilson, good luck to you
20 sir. That will conclude this proceeding.
21 MR. OFFENBECHER: Thank you, Your Honor.
22 THE DEFENDANT: Thank you, sir.
23 THE CLERK: Please rise.
24 (Proceeding concluded 12:04 p.m.)
25

42
1 C E R T I F I C A T E
2 STATE OF WASHINGTON )
3 ) SS
4 COUNTY OF KING )
5 I, Donna Hunter, Certified Court Reporter and Notary Public
6 duly and qualified in and for the State of Washington do hereby
7 certify that the foregoing transcript is a true and correct
8 transcript of my original stenographic notes.
9 I further certify that I am neither attorney or counsel
10 for, nor related to or employed by any of the parties to the
11 action in which this testimony is taken; and furthermore, that I
12 am not a relative or employee of any attorney or counsel
13 employed by the parties hereto or financially interested in the
14 action.
15 IN WITNESS WHEREOF, I have hereunto set my hand and affixed
16 my Notarial Seal this 9th day of August, 2010.
17
18
19
20
21
22
23 /S/Donna Hunter
24 NOTARY IN AND FOR THE STATE OF
25 WASHINGTON, RESIDING IN SEATTLE


Richard Wilson Sentencing Transcript

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Richard Wilson Sentencing Transcript

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Case 2:09-cr-00232-RAJ Document 162 Filed 09/16/10 Page 1 of 42

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA )

BEFORE THE HONORABLE RICHARD A. JONES

UNITED STATES DISTRICT COURT JUDGE

For the Plaintiff: ANDREW FRIEDMAN, ESQ.

For the Defendant: PETER OFFENBECHER, ESQ.

Court Reporter: DONNA HUNTER, CCR, RPR

Vernon & Associates Court Reporters, LLC

2 THE CLERK: Please rise. United States District Court

3 for the Western District of Washington is now in session, the

4 Honorable Richard A. Jones presiding.

5 THE COURT: Good morning. Please be seated.

6 THE CLERK: We are here for sentencing in the matter

7 of United States v. Richard Wilson, Cause No. CR09-232 assigned

8 to this Court. Counsel, please rise and make your appearances,

9 and also the probation officer.

10 MR. FRIEDMAN: Good morning, Your Honor, Andrew

11 Friedman for the United States.

12 THE COURT: Good morning.

13 MR. OFFENBECHER: Peter Offenbecher appearing with Mr.

14 Wilson who is present in court out of custody. Good morning,

16 THE COURT: Morning, both of you.

17 MS. BOLLE: Morning, Your Honor, Lorraine Bolle for

18 the United States Probation Office.

19 THE COURT: Good morning. As indicated we are here

20 for the sentencing of the Defendant. For purposes of sentencing

21 it is my practice to always identify the documents that have

22 been submitted for my consideration and that I have reviewed and

23 they include the following: The presentence report prepared by

24 Probation Officer Lorraine Bolle with attachments; the

25 government's sentencing memorandum and motion to order to seal

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1 the sentencing memorandum which the Court has signed and

2 provided to the in-court deputy for filing; the Defendant's

3 sentencing memorandum with exhibits and motion in order to seal

4 the Defendant's sentencing memorandum, which order the Court has

5 signed and is submitting for the in-court deputy for filing.

6 I have also reviewed the United States Pretrial Services

7 release status report and the sealed plea agreement. Counsel

8 for the government, are you aware of any additional documents

9 submitted for my consideration that I did not state for the

11 MR. FRIEDMAN: No Your Honor.

12 THE COURT: Counsel for the defense, same question for

14 MR. OFFENBECHER: I just want to make sure that the

15 Court has received a -- an amendment to the probation report.

16 There was a one-page insert.

17 THE COURT: Yes.

18 MR. OFFENBECHER: Other than that, no, nothing.

19 THE COURT: Okay. And, Mr. Offenbecher, I am assuming

20 also that you've had the opportunity to review the presentence

21 report with your client?

22 MR. OFFENBECHER: Yes, Your Honor.

23 THE COURT: Counsel, there are a few objections that

24 you had. First of all, I note that you had clarifications. I

25 don't treat the clarifications as something that requires Court

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1 resolution or Court intervention; is that correct?

2 MR. OFFENBECHER: Yes, Your Honor.

3 THE COURT: Now the next, Counsel, you had a few

4 objections which the Court wishes to address. The first

5 objection dealt with the drug quantity and the calculation of

7 inclined to grant your objection in light of the fact that it

8 does not appear to be fair to sentence some defendants under