Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 1 of 22 U.S. Department of Justice United States Attorney Central District of California Jean-Claude André Assistant United States Attorney Chief, Criminal Appeals Section jean-claude.andre@usdoj.gov 1000 United States Courthouse 312 North Spring Street Los Angeles, California 90012 (213) 894-0705 (telephone) (213) 894-8513 (facsimile) May 19, 2014 Molly Dwyer Clerk of Court U.S. Court of Appeals P.O. Box 193939 San Francisco, CA 94119-3939 (Via Ninth Circuit CM/ECF) Re: United States v. Rene Flores et al., CA No. 14-50227 Dear Ms. Dwyer: Pending before the Court is the government’s emergency motion to stay the district court’s May 12, 2014, order dismissing the indictment and releasing defendants-appellees Rene Flores, Randy Garmon, and Arturo Cortez. In its May 12, 2014, order granting a temporary stay, this Court directed the government to submit the transcript of the district court’s May 12, 2014, hearing today, May 19, 2014. A copy of the transcript is attached to this letter. Very truly yours, ANDRÉ BIROTTE JR. United States Attorney JEAN-CLAUDE ANDRÉ Assistant United States Attorney Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 2 of 22 REPORTER’S TRANSCRIPT OF MAY 12, 2014, HEARING Case: 14-50227 1 2 3 4 5 6 7 8 9 10 11 05/19/2014 ID: 9101446 DktEntry: 8 Page: 3 of 22 UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION - - HONORABLE MANUEL L. REAL UNITED STATES DISTRICT JUDGE PRESIDING - - UNITED STATES OF AMERICA, ) ) PLAINTIFF, ) ) VS. ) ) RENE FLORES, et al., ) ) DEFENDANTS. ) ______________________________) CERTIFIED COPY CR 13-751 R 12 13 14 15 16 REPORTER'S TRANSCRIPT OF PROCEEDINGS MONDAY, MAY 12, 2014 A.M. SESSION LOS ANGELES, CALIFORNIA 17 18 19 20 21 22 23 24 25 SHERI S. KLEEGER, CSR 10340 FEDERAL OFFICIAL COURT REPORTER 312 NORTH SPRING STREET, ROOM 402 LOS ANGELES, CALIFORNIA 90012 PH: (213)894-6604 1 Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 1 2 APPEARANCES OF COUNSEL: 3 ON BEHALF OF PLAINTIFF: 4 5 6 7 UNITED STATES ATTORNEY BY: VICKI CHOU, AUSA CAROL CHEN, AUSA ASSISTANT UNITED STATES ATTORNEY 1100 UNITED STATES COURTHOUSE 312 NORTH SPRING STREET LOS ANGELES, CA 90012 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ON BEHALF OF DEFENDANT: JAMES BISNOW, ESQUIRE ANTHONY SOLIS, ESQUIRE MICHAEL MAYS, ESQUIRE Page: 4 of 22 2 Case: 14-50227 1 05/19/2014 ID: 9101446 DktEntry: 8 Page: 5 of 22 3 LOS ANGELES, CALIFORNIA; MONDAY, MAY 12, 2014 2 A.M. SESSION 3 - - - 4 5 6 THE CLERK: Calling Item 2, C.R. 13-751-R. 7 Defendant No. 2, Defendant No. 3, Defendant No. 5. 8 United States of America versus Rene Flores, Randy 9 Garman and Arturo Cortez. 10 Counsel, please state your appearances. 11 MS. CHOU: 12 Vicki Chou and Carol Chen for the United States. 13 14 Good morning, Your Honor. And in the gallery is also the case agent, ATF Special Agent Ionis Stiropis. 15 MR. BISNOW: Good morning, your Honor. 16 James Bisnow for Rene Flores, who's present in custody 17 before the Court. 18 MR. SOLIS: Good morning, Your Honor. 19 Anthony Solis on behalf of Mr. Cortez, who's present in 20 custody. 21 22 23 MR. MAYS: Good morning, Your Honor. Mike Mays on behalf of Mr. Garman, who is present in custody. THE COURT: All right. I'm still very 24 disappointed with the government who has not given me 25 exactly what I asked for in any sense. Case: 14-50227 1 05/19/2014 ID: 9101446 DktEntry: 8 Page: 6 of 22 And what has been given to me is a calendar 2 of events that was prepared especially for this hearing. 3 They're not the reports that were created during the 4 matter that have been set forth, and as indicated, at 5 least even in reference to those reports, we have to 6 question the accuracy of those reports to begin with. 7 And also that -- as a matter of fact, that the 8 government agent participated in the so-called matter 9 by -- that he would be present to allow them into the, 10 quote, stash house; and that he would provide for them 11 the escape from the stash house; that at least, as it 12 would appear, is a part of the conspiracy that was 13 charged in the indictment. 14 And there is also a big question as to the 15 question of what the sentence was to be in this matter. 16 Because the so-called 35 -- or 25 kilograms of drug in 17 this false stash house, if it had been a real matter of 18 a true robbery of a stash house, and as a result of the 19 real stash house, there was only a meager amount, like 20 one kilogram of drugs to which went to the possession of 21 the defendants, if at all at that time, that the 22 charging of 25 kilos in the indictment is just another 23 part of the government's outrageous conduct in this 24 matter. 25 And the government has never had any reason 4 Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 7 of 22 1 to suspect any of these defendants in the drug business 2 before targeting them to join its fictitious scheme 3 which came out of a part of the government that had 4 nothing to do with drugs but rather with matters of guns 5 which they -- which the agents suggested as the only 6 method upon which the robbery could take place. 7 And in evaluating whether the government's 8 conduct is outrageous, the Ninth Circuit has identified 9 the following factors to consider: One, the known 10 criminal characteristics of the defendants; two, the 11 individualized suspicion of the defendants; three, the 12 government's role in creating the crime of conviction; 13 and four, the government's encouragement of the 14 defendants who commit the offense conduct; and five, the 15 nature of the government's participation in the offense 16 conduct; and the nature of the crime being pursued and 17 necessity for actions taken in light of the nature of 18 the criminal enterprise at issue, as set forth in United 19 States versus Black, 733 Fed 3d 294, Ninth Circuit 2013. 20 And here the so-called false robbery of a 21 false stash house was not to be of any help to any 22 matters having to do with drugs or stash houses or the 23 drug -- so-called drug war. 24 paid confidential informants to convince citizens to 25 join the government's scheme. The government used two And C-1 was paid $2500 5 Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 8 of 22 1 for his work in the case. 2 something, without getting any indication that there 3 would be any true kind of criminal conduct by the 4 individuals who were being convinced by these 5 confidential informants to take that in those reasons. 6 C-2 was paid $6100 for And if the post arrest reports of these paid 7 informants are to be believed, the only information the 8 government had before attempting to lure any other 9 defendants was that Roberts had spent time in prison, 10 and not for drug matters, even if the paid informant's 11 account is to be credited, the government had no 12 knowledge of what Roberts was in prison for; moreover, 13 the government knew nothing of Flores nor Garman before 14 targeting them and still knew nothing of Cortez until 15 after his arrest; thus the government cannot show that 16 it knew of any of the defendants' criminal propensities 17 for use of the kind of conduct that these -- the agents 18 were used to do in this case, nor had any individualized 19 suspicion of them in the crime of narcotics for which 20 the ATF had no responsibility, at least in the matters 21 having to do with drugs, but with rather alcohol, tax 22 and guns. 23 More importantly, the government created the 24 fictitious crime from whole cloth. The government 25 provided the location to the plan of the fictitious 6 Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 9 of 22 1 crime where undercover ATF Agent Carr insisted on 2 running through a script to ensure a conspiracy had been 3 hatched and that Carr also provided the getaway car with 4 the fictitious conspiracy. 5 Further, there was no evidence that the 6 defendants even knew of the location of the fictitious 7 stash house or could have had any ability to check the 8 stash house as to whether or not it was other than as 9 represented by Agent Carr as being part of the stash 10 house that he participated in, in fact. 11 and a falsehood to start this whole conspiracy. 12 Which was a lie So the government's provided no evidence 13 that there have been any stash house robberies in 14 Southern California nor any evidence of the necessity of 15 trolling poor neighborhoods to ensure and ensnare its 16 poor citizens, that the government cannot bootstrap, 17 quote, post hock knowledge to justify this scheme from 18 the beginning. 19 20 21 That's United States versus Hudson, 13-126, Central District of California, March 10th, 2014. And there certainly cannot be any serious 22 concern that these defendants would embark on a career 23 of robbing stash houses. 24 versus Kindle, 698 Fed 3d 401, Seventh Circuit 2012. 25 And see for that United States These cases are dismissed for the 7 Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 10 of 22 1 government's outrageous conduct and the orders to be 2 made pursuant to that. 3 opinion having to deal with all the factors which were 4 used by the government to convince these defendants to 5 participate in a false stash house robbery. 6 7 MS. CHOU: And I'm going to write an That's it. Your Honor, if we might move the Court to stay its order pending appeal. 8 THE COURT: 9 MS. CHOU: Beg your pardon? The government would like to move 10 for the Court to stay its order of release pending 11 appeal. 12 THE COURT: 13 MS. CHOU: I don't know any reason for it. Your Honor, under 3143 there is 14 no change in the presumption of detention. 15 the Ninth Circuit has actually upheld the dismissal -- 16 THE COURT: 17 MS. CHOU: I'm sorry. And until What? Until the Ninth Circuit has 18 actually upheld the dismissal, there still a basis for 19 these defendants to be detained under the law. 20 the Court doesn't want to order the stay until the Ninth 21 Circuit has resolved this, we would ask for at least a 22 week so that we can petition the Ninth Circuit for an 23 emergency stay. And if 24 THE COURT: There is no reason. Is there? 25 MR. SOLIS: On behalf of Mr. Cortez, I'd ask 8 Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 11 of 22 1 that the defendants be released forthwith because the 2 Court just dismissed the case. 3 As far as my client's concerned, there's no 4 hold; there's no other case; there's no reason he 5 shouldn't be released immediately. 6 MR. BISNOW: 7 Mr. Flores, Your Honor. 8 9 MR. MAYS: THE COURT: 11 MS. CHOU: 12 THE COURT: 14 15 16 Join, Your Honor, on behalf of Mr. Garman. 10 13 We would join on behalf of Any hold on these people? What? Is there any hold anywhere on these people? MS. CHOU: There is no separate hold on these people. THE COURT: Well, then -- I don't see that. 17 Because I don't think they committed a crime under the 18 circumstances of this case and the outrageous part of 19 the government in the matter. 20 MS. CHEN: 21 THE COURT: Your Honor, just for -If at all, they should also have 22 been indicted based on what they did in connection with 23 this so-called false stash house robbery. 24 25 MS. CHEN: Your Honor, just for clarification, I believe the Court indicated you will be 9 Case: 14-50227 1 05/19/2014 ID: 9101446 DktEntry: 8 Page: 12 of 22 issuing a written order. 2 THE COURT: 3 MS. CHEN: Yes. And pending that -- will the 4 defendants be detained pending the issuance of 5 that order? 6 THE COURT: 7 MS. CHEN: No. They are now released. Your Honor, will the Court also 8 hear some brief arguments addressing some of the issues 9 you raised today? 10 THE COURT: 11 MS. CHEN: 12 What? Will you also hear some argument now regarding some of the issues you raised? 13 14 10 THE COURT: I'm open to anything from the government. 15 MS. CHEN: Your Honor, just for the record, 16 just for a few of the issues you raised this morning, 17 the government does apologize if the Court is 18 disappointed with the government's responses to what the 19 Court had ordered. 20 21 As the Court knows, the government did file two briefs in response to the Court's questions. 22 23 24 25 THE COURT: I asked for. Both were not in answer to what Both of them. MS. CHEN: And, Your Honor, I believe you stated that you had asked for the reports. And just for Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 13 of 22 1 a clarification for the record, with one 1 of the 2 government's briefs I believe it is -- 3 4 THE COURT: Then the government prepared a report. 5 MS. CHEN: 6 THE COURT: 7 Your Honor, a document -Not the reports that were made at the time that this was going on. 8 MS. CHEN: Your Honor, we actually did 9 produce every single report that the ATF had produced, 10 and it was as exhibits to document No. 139 with one of 11 the two government briefs. 12 13 So in addition to our briefs we actually did produce to the Court for its review all of the reports. 14 15 THE COURT: There was not a signed or dated question that a report which was so dated. 16 17 MS. CHEN: Your Honor, I believe all the reports were dated and approved by the ATF supervisors. 18 Very quickly, Your Honor, I understand -- 19 THE COURT: 20 MS. CHEN: 21 24 25 That report was prepared for me. Your Honor, those reports were actually prepared at -- 22 23 11 THE COURT: Post all other reports that were made. MS. CHEN: Actually, Your Honor, those reports -- we did produce all reports which were made in Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 14 of 22 1 the process of the investigation. 2 for the purpose of this hearing or for the Court's 3 purpose. 4 5 They were not made It was actually produced by the ATF as the investigation progressed. 6 Your Honor, also just very briefly, I know 7 you also pointed out. 8 house. 9 existence, Your Honor. You described it as a false stash Obviously the stash house did not -- was not in 10 However, the crime to which the defendants 11 did plead in this case was a conspiracy to commit a 12 robbery of a stash house. 13 And I believe the Court also stated that 14 each defendant would have been in possession of one 15 kilogram. 16 agreed to rob a 25 to 30 kilogram stash house. 17 each of them would split four kilograms each which they 18 would then sell. 19 As the reports note, each of the defendants THE COURT: And that If that were a true robbery, 20 Counsel, and they had said that we were going after 25 21 kilograms of drugs and they only got one kilogram of 22 drugs, they could not be prosecuted for 25 kilograms of 23 drugs. 24 25 12 MS. CHEN: With all due respect, Your Honor, if the crime is conspiracy to rob a stash house Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 15 of 22 13 1 containing 25 to 30 kilograms, they would be able to be 2 prosecuted for that. 3 Your Honor, we do intend to file a 4 protective notice of appeal as soon as possible by no 5 later than the end of today. 6 at least until the end of today if not tomorrow morning, 7 Your Honor, of your order -- 8 9 THE COURT: We would ask for a stay of There is no reason for it, Counsel. 10 MS. CHEN: Your Honor, for the record, the 11 government -- Your Honor, just based on the criminal 12 history as well as -- nothing has changed since the 13 original detention hearings other than, obviously, this 14 Court's order dismissing the indictments. 15 However, we do believe that they continue to 16 be a risk to the community as well as major flight 17 risks. 18 short stay of either by the end of today -- And again, Your Honor, we do reiterate just a 19 THE COURT: I see no reason for it, Counsel. 20 I've already told you that. I see no reason for it. 21 don't think that we should foster illegal conduct by the 22 government. 23 MS. CHEN: 24 reiterate our request for a stay. 25 THE COURT: Just for the record, we do All right. It is denied. All I Case: 14-50227 1 right. 05/19/2014 ID: 9101446 DktEntry: 8 We'll be in recess. 2 THE CLERK: 3 (PROCEEDINGS CONCLUDED.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 All rise. Page: 16 of 22 14 Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 17 of 22 15 1 2 3 CERTIFICATE OF REPORTER 4 5 COUNTY OF LOS ANGELES 6 7 ) ) STATE OF CALIFORNIA SS. ) 8 9 I, SHERI S. KLEEGER, OFFICIAL COURT REPORTER, IN AND FOR 10 THE UNITED STATES DISTRICT COURT FOR THE CENTRAL 11 DISTRICT OF CALIFORNIA, DO HEREBY CERTIFY THAT PURSUANT 12 TO SECTION 753, TITLE 28, UNITED STATES CODE, THE 13 FOREGOING IS A TRUE AND CORRECT TRANSCRIPT OF THE 14 STENOGRAPHICALLY REPORTED PROCEEDINGS HELD IN THE 15 ABOVE-ENTITLED MATTER AND THAT THE TRANSCRIPT PAGE 16 FORMAT IS IN CONFORMANCE WITH THE REGULATIONS OF THE 17 JUDICIAL CONFERENCE OF THE UNITED STATES. 18 DATE: MAY 13, 2014 19 20 /S/_________________________ 21 SHERI S. KLEEGER, CSR 22 FEDERAL OFFICIAL COURT REPORTER 23 24 25 Case: 14-50227 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 05/19/2014 ID: 9101446 DktEntry: 8 Page: 18 of 22 16 Case: 14-50227 $ $2500 [1] - 5:25 $6100 [1] - 6:1 / /S [1] - 15:20 1 1 [1] - 11:1 10340 [1] - 1:20 10th [1] - 7:20 1100 [1] - 2:6 12 [2] - 1:15, 3:1 13 [1] - 15:18 13-126 [1] - 7:19 13-751 [1] - 1:8 13-751-R [1] - 3:6 139 [1] - 11:10 2 2 [2] - 3:6, 3:7 2012 [1] - 7:24 2013 [1] - 5:19 2014 [4] - 1:15, 3:1, 7:20, 15:18 213)894-6604 [1] 1:22 25 [6] - 4:16, 4:22, 12:16, 12:20, 12:22, 13:1 28 [1] - 15:12 294 [1] - 5:19 3 3 [1] - 3:7 30 [2] - 12:16, 13:1 312 [2] - 1:21, 2:6 3143 [1] - 8:13 35 [1] - 4:16 3d [2] - 5:19, 7:24 4 401 [1] - 7:24 402 [1] - 1:21 5 5 [1] - 3:7 6 698 [1] - 7:24 7 733 [1] - 5:19 753 [1] - 15:12 05/19/2014 9 90012 [2] - 1:22, 2:7 A A.M [2] - 1:15, 3:2 ability [1] - 7:7 able [1] - 13:1 ABOVE [1] - 15:15 ABOVE-ENTITLED [1] - 15:15 account [1] - 6:11 accuracy [1] - 4:6 actions [1] - 5:17 addition [1] - 11:12 addressing [1] - 10:8 agent [2] - 3:13, 4:8 Agent [3] - 3:14, 7:1, 7:9 agents [2] - 5:5, 6:17 agreed [1] - 12:16 al [1] - 1:9 alcohol [1] - 6:21 allow [1] - 4:9 America [1] - 3:8 AMERICA [2] - 1:1, 1:6 amount [1] - 4:19 AND [3] - 15:9, 15:13, 15:15 ANGELES [5] - 1:16, 1:22, 2:7, 3:1, 15:5 answer [1] - 10:22 ANTHONY [1] - 2:10 anthony [1] - 3:19 apologize [1] - 10:17 appeal [3] - 8:7, 8:11, 13:4 appear [1] - 4:12 APPEARANCES [1] 2:2 appearances [1] 3:10 approved [1] - 11:17 argument [1] - 10:11 arguments [1] - 10:8 arrest [2] - 6:6, 6:15 Arturo [1] - 3:9 ASSISTANT [1] - 2:5 ATF [6] - 3:14, 6:20, 7:1, 11:9, 11:17, 12:4 attempting [1] - 6:8 ATTORNEY [2] - 2:4, 2:5 AUSA [2] - 2:4, 2:5 B based [2] - 9:22, 13:11 ID: 9101446 basis [1] - 8:18 beg [1] - 8:8 begin [1] - 4:6 beginning [1] - 7:18 behalf [5] - 3:19, 3:22, 8:25, 9:6, 9:8 BEHALF [2] - 2:3, 2:9 big [1] - 4:14 BISNOW [3] - 2:10, 3:15, 9:6 Bisnow [1] - 3:16 Black [1] - 5:19 bootstrap [1] - 7:16 brief [1] - 10:8 briefly [1] - 12:6 briefs [4] - 10:21, 11:2, 11:11, 11:12 business [1] - 5:1 BY [1] - 2:4 C C-1 [1] - 5:25 C-2 [1] - 6:1 C.R [1] - 3:6 CA [1] - 2:7 calendar [1] - 4:1 CALIFORNIA [6] 1:2, 1:16, 1:22, 3:1, 15:7, 15:11 California [2] - 7:14, 7:20 cannot [3] - 6:15, 7:16, 7:21 car [1] - 7:3 career [1] - 7:22 Carol [1] - 3:12 CAROL [1] - 2:5 Carr [3] - 7:1, 7:3, 7:9 case [7] - 3:13, 6:1, 6:18, 9:2, 9:4, 9:18, 12:11 cases [1] - 7:25 CENTRAL [2] - 1:2, 15:10 Central [1] - 7:20 certainly [1] - 7:21 CERTIFICATE [1] 15:3 CERTIFIED [1] - 1:7 CERTIFY [1] - 15:11 change [1] - 8:14 changed [1] - 13:12 characteristics [1] 5:10 charged [1] - 4:13 charging [1] - 4:22 check [1] - 7:7 DktEntry: 8 Chen [1] - 3:12 CHEN [16] - 2:5, 9:20, 9:24, 10:3, 10:7, 10:11, 10:15, 10:24, 11:5, 11:8, 11:16, 11:20, 11:24, 12:24, 13:10, 13:23 Chou [1] - 3:12 CHOU [8] - 2:4, 3:11, 8:6, 8:9, 8:13, 8:17, 9:11, 9:14 Circuit [7] - 5:8, 5:19, 7:24, 8:15, 8:17, 8:21, 8:22 circumstances [1] 9:18 citizens [2] - 5:24, 7:16 clarification [2] 9:25, 11:1 CLERK [2] - 3:6, 14:2 client's [1] - 9:3 cloth [1] - 6:24 CODE [1] - 15:12 commit [2] - 5:14, 12:11 committed [1] - 9:17 community [1] 13:16 concern [1] - 7:22 concerned [1] - 9:3 CONCLUDED [1] 14:3 conduct [8] - 4:23, 5:8, 5:14, 5:16, 6:3, 6:17, 8:1, 13:21 CONFERENCE [1] 15:17 confidential [2] 5:24, 6:5 CONFORMANCE [1] - 15:16 connection [1] - 9:22 consider [1] - 5:9 conspiracy [6] 4:12, 7:2, 7:4, 7:11, 12:11, 12:25 containing [1] - 13:1 continue [1] - 13:15 conviction [1] - 5:12 convince [2] - 5:24, 8:4 convinced [1] - 6:4 COPY [1] - 1:7 CORRECT [1] 15:13 Cortez [4] - 3:9, 3:19, 6:14, 8:25 COUNSEL [1] - 2:2 Page: 19 of 22 Counsel [4] - 3:10, 12:20, 13:9, 13:19 COUNTY [1] - 15:5 COURT [28] - 1:1, 1:21, 3:23, 8:8, 8:12, 8:16, 8:24, 9:10, 9:12, 9:16, 9:21, 10:2, 10:6, 10:10, 10:13, 10:22, 11:3, 11:6, 11:14, 11:19, 11:22, 12:19, 13:8, 13:19, 13:25, 15:9, 15:10, 15:22 Court [12] - 3:17, 8:7, 8:10, 8:20, 9:2, 9:25, 10:7, 10:17, 10:19, 10:20, 11:13, 12:13 Court's [3] - 10:21, 12:2, 13:14 COURTHOUSE [1] 2:6 CR [1] - 1:8 created [2] - 4:3, 6:23 creating [1] - 5:12 credited [1] - 6:11 crime [8] - 5:12, 5:16, 6:19, 6:24, 7:1, 9:17, 12:10, 12:25 criminal [5] - 5:10, 5:18, 6:3, 6:16, 13:11 CSR [2] - 1:20, 15:21 custody [3] - 3:16, 3:20, 3:22 D DATE [1] - 15:18 dated [3] - 11:14, 11:15, 11:17 deal [1] - 8:3 DEFENDANT [1] 2:9 defendant [2] - 3:7, 12:14 Defendant [2] - 3:7 defendants [14] 4:21, 5:1, 5:10, 5:11, 5:14, 6:9, 7:6, 7:22, 8:4, 8:19, 9:1, 10:4, 12:10, 12:15 DEFENDANTS [1] 1:10 defendants' [1] 6:16 denied [1] - 13:25 described [1] - 12:7 detained [2] - 8:19, 10:4 detention [2] - 8:14, 13:13 1 Case: 14-50227 disappointed [2] 3:24, 10:18 dismissal [2] - 8:15, 8:18 dismissed [2] - 7:25, 9:2 dismissing [1] 13:14 DISTRICT [5] - 1:1, 1:2, 1:4, 15:10, 15:11 District [1] - 7:20 DIVISION [1] - 1:2 DO [1] - 15:11 document [2] - 11:5, 11:10 drug [5] - 4:16, 5:1, 5:23, 6:10 drugs [7] - 4:20, 5:4, 5:22, 6:21, 12:21, 12:22, 12:23 due [1] - 12:24 during [1] - 4:3 E either [1] - 13:18 embark [1] - 7:22 emergency [1] - 8:23 encouragement [1] 5:13 end [3] - 13:5, 13:6, 13:18 ensnare [1] - 7:15 ensure [2] - 7:2, 7:15 enterprise [1] - 5:18 ENTITLED [1] 15:15 escape [1] - 4:11 especially [1] - 4:2 ESQUIRE [3] - 2:10, 2:10, 2:11 et [1] - 1:9 evaluating [1] - 5:7 events [1] - 4:2 evidence [3] - 7:5, 7:12, 7:14 exactly [1] - 3:25 exhibits [1] - 11:10 existence [1] - 12:9 F fact [2] - 4:7, 7:10 factors [2] - 5:9, 8:3 false [6] - 4:17, 5:20, 5:21, 8:5, 9:23, 12:7 falsehood [1] - 7:11 far [1] - 9:3 Fed [2] - 5:19, 7:24 FEDERAL [2] - 1:21, 05/19/2014 15:22 few [1] - 10:16 fictitious [5] - 5:2, 6:24, 6:25, 7:4, 7:6 file [2] - 10:20, 13:3 five [1] - 5:14 flight [1] - 13:16 Flores [4] - 3:8, 3:16, 6:13, 9:7 FLORES [1] - 1:9 following [1] - 5:9 FOR [2] - 15:9, 15:10 FOREGOING [1] 15:13 FORMAT [1] - 15:16 forth [2] - 4:4, 5:18 forthwith [1] - 9:1 foster [1] - 13:21 four [2] - 5:13, 12:17 G gallery [1] - 3:13 Garman [4] - 3:9, 3:22, 6:13, 9:9 getaway [1] - 7:3 given [2] - 3:24, 4:1 government [22] 3:24, 4:8, 4:25, 5:3, 5:23, 6:8, 6:11, 6:13, 6:15, 6:23, 6:24, 7:16, 8:4, 8:9, 9:19, 10:14, 10:17, 10:20, 11:3, 11:11, 13:11, 13:22 government's [10] 4:23, 5:7, 5:12, 5:13, 5:15, 5:25, 7:12, 8:1, 10:18, 11:2 guns [2] - 5:4, 6:22 H hatched [1] - 7:3 hear [2] - 10:8, 10:11 hearing [2] - 4:2, 12:2 hearings [1] - 13:13 HELD [1] - 15:14 help [1] - 5:21 HEREBY [1] - 15:11 history [1] - 13:12 hock [1] - 7:17 hold [4] - 9:4, 9:10, 9:12, 9:14 Honor [27] - 3:11, 3:15, 3:18, 3:21, 8:6, 8:13, 9:7, 9:8, 9:20, 9:24, 10:7, 10:15, 10:24, 11:5, 11:8, 11:16, 11:18, 11:20, 11:24, 12:6, 12:9, ID: 9101446 12:24, 13:3, 13:7, 13:10, 13:11, 13:17 HONORABLE [1] 1:4 house [17] - 4:10, 4:11, 4:17, 4:18, 4:19, 5:21, 7:7, 7:8, 7:10, 7:13, 8:5, 9:23, 12:8, 12:12, 12:16, 12:25 houses [2] - 5:22, 7:23 Hudson [1] - 7:19 I identified [1] - 5:8 illegal [1] - 13:21 immediately [1] - 9:5 importantly [1] 6:23 IN [3] - 15:9, 15:14, 15:16 indicated [2] - 4:4, 9:25 indication [1] - 6:2 indicted [1] - 9:22 indictment [2] - 4:13, 4:22 indictments [1] 13:14 individualized [2] 5:11, 6:18 individuals [1] - 6:4 informant's [1] 6:10 informants [3] 5:24, 6:5, 6:7 information [1] - 6:7 insisted [1] - 7:1 intend [1] - 13:3 investigation [2] 12:1, 12:5 Ionis [1] - 3:14 IS [2] - 15:13, 15:16 issuance [1] - 10:4 issue [1] - 5:18 issues [3] - 10:8, 10:12, 10:16 issuing [1] - 10:1 Item [1] - 3:6 J JAMES [1] - 2:10 James [1] - 3:16 join [4] - 5:2, 5:25, 9:6, 9:8 JUDGE [1] - 1:4 JUDICIAL [1] - 15:17 justify [1] - 7:17 DktEntry: 8 K kilogram [4] - 4:20, 12:15, 12:16, 12:21 kilograms [5] - 4:16, 12:17, 12:21, 12:22, 13:1 kilos [1] - 4:22 kind [2] - 6:3, 6:17 Kindle [1] - 7:24 KLEEGER [3] - 1:20, 15:9, 15:21 knowledge [2] 6:12, 7:17 known [1] - 5:9 knows [1] - 10:20 L law [1] - 8:19 least [5] - 4:5, 4:11, 6:20, 8:21, 13:6 lie [1] - 7:10 light [1] - 5:17 location [2] - 6:25, 7:6 LOS [5] - 1:16, 1:22, 2:7, 3:1, 15:5 lure [1] - 6:8 M major [1] - 13:16 MANUEL [1] - 1:4 March [1] - 7:20 matter [7] - 4:4, 4:7, 4:8, 4:15, 4:17, 4:24, 9:19 MATTER [1] - 15:15 matters [4] - 5:4, 5:22, 6:10, 6:20 MAY [3] - 1:15, 3:1, 15:18 MAYS [3] - 2:11, 3:21, 9:8 Mays [1] - 3:22 meager [1] - 4:19 method [1] - 5:6 MICHAEL [1] - 2:11 might [1] - 8:6 Mike [1] - 3:21 MONDAY [2] - 1:15, 3:1 moreover [1] - 6:12 morning [6] - 3:11, 3:15, 3:18, 3:21, 10:16, 13:6 move [2] - 8:6, 8:9 MR [6] - 3:15, 3:18, 3:21, 8:25, 9:6, 9:8 MS [22] - 3:11, 8:6, Page: 20 of 22 8:9, 8:13, 8:17, 9:11, 9:14, 9:20, 9:24, 10:3, 10:7, 10:11, 10:15, 10:24, 11:5, 11:8, 11:16, 11:20, 11:24, 12:24, 13:10, 13:23 N narcotics [1] - 6:19 nature [3] - 5:15, 5:16, 5:17 necessity [2] - 5:17, 7:14 neighborhoods [1] 7:15 never [1] - 4:25 Ninth [6] - 5:8, 5:19, 8:15, 8:17, 8:20, 8:22 NORTH [2] - 1:21, 2:6 note [1] - 12:15 nothing [4] - 5:4, 6:13, 6:14, 13:12 notice [1] - 13:4 O obviously [2] - 12:8, 13:13 OF [14] - 1:1, 1:2, 1:6, 1:14, 2:2, 2:3, 2:9, 15:3, 15:5, 15:7, 15:11, 15:13, 15:16, 15:17 offense [2] - 5:14, 5:15 OFFICIAL [3] - 1:21, 15:9, 15:22 ON [2] - 2:3, 2:9 one [6] - 4:20, 5:9, 11:1, 11:10, 12:14, 12:21 open [1] - 10:13 opinion [1] - 8:3 order [7] - 8:7, 8:10, 8:20, 10:1, 10:5, 13:7, 13:14 ordered [1] - 10:19 orders [1] - 8:1 original [1] - 13:13 outrageous [4] 4:23, 5:8, 8:1, 9:18 P PAGE [1] - 15:15 paid [5] - 5:24, 5:25, 6:1, 6:6, 6:10 pardon [1] - 8:8 part [5] - 4:12, 4:23, 2 Case: 14-50227 5:3, 7:9, 9:18 participate [1] - 8:5 participated [2] 4:8, 7:10 participation [1] 5:15 pending [4] - 8:7, 8:10, 10:3, 10:4 people [3] - 9:10, 9:13, 9:15 petition [1] - 8:22 PH [1] - 1:22 place [1] - 5:6 PLAINTIFF [2] - 1:7, 2:3 plan [1] - 6:25 plead [1] - 12:11 pointed [1] - 12:7 poor [2] - 7:15, 7:16 possession [2] 4:20, 12:14 possible [1] - 13:4 post [3] - 6:6, 7:17, 11:22 prepared [4] - 4:2, 11:3, 11:19, 11:21 present [4] - 3:16, 3:19, 3:22, 4:9 PRESIDING [1] - 1:4 presumption [1] 8:14 prison [2] - 6:9, 6:12 PROCEEDINGS [3] 1:14, 14:3, 15:14 process [1] - 12:1 produce [3] - 11:9, 11:13, 11:25 produced [2] - 11:9, 12:4 progressed [1] 12:5 propensities [1] 6:16 prosecuted [2] 12:22, 13:2 protective [1] - 13:4 provide [1] - 4:10 provided [3] - 6:25, 7:3, 7:12 purpose [2] - 12:2, 12:3 PURSUANT [1] 15:11 pursuant [1] - 8:2 pursued [1] - 5:16 Q questions [1] - 10:21 quickly [1] - 11:18 05/19/2014 quote [2] - 4:10, 7:17 R raised [3] - 10:9, 10:12, 10:16 Randy [1] - 3:8 rather [2] - 5:4, 6:21 REAL [1] - 1:4 real [2] - 4:17, 4:19 reason [7] - 4:25, 8:12, 8:24, 9:4, 13:8, 13:19, 13:20 reasons [1] - 6:5 recess [1] - 14:1 record [4] - 10:15, 11:1, 13:10, 13:23 reference [1] - 4:5 regarding [1] - 10:12 REGULATIONS [1] 15:16 reiterate [2] - 13:17, 13:24 release [1] - 8:10 released [3] - 9:1, 9:5, 10:6 Rene [2] - 3:8, 3:16 RENE [1] - 1:9 report [4] - 11:4, 11:9, 11:15, 11:19 REPORTED [1] 15:14 REPORTER [4] 1:21, 15:3, 15:9, 15:22 REPORTER'S [1] 1:14 reports [13] - 4:3, 4:5, 4:6, 6:6, 10:25, 11:6, 11:13, 11:17, 11:20, 11:22, 11:25, 12:15 represented [1] - 7:9 request [1] - 13:24 resolved [1] - 8:21 respect [1] - 12:24 response [1] - 10:21 responses [1] 10:18 responsibility [1] 6:20 result [1] - 4:18 review [1] - 11:13 rise [1] - 14:2 risk [1] - 13:16 risks [1] - 13:17 rob [2] - 12:16, 12:25 robberies [1] - 7:13 robbery [7] - 4:18, 5:6, 5:20, 8:5, 9:23, ID: 9101446 12:12, 12:19 robbing [1] - 7:23 Roberts [2] - 6:9, 6:12 role [1] - 5:12 ROOM [1] - 1:21 running [1] - 7:2 S scheme [3] - 5:2, 5:25, 7:17 script [1] - 7:2 SECTION [1] - 15:12 see [4] - 7:23, 9:16, 13:19, 13:20 sell [1] - 12:18 sense [1] - 3:25 sentence [1] - 4:15 separate [1] - 9:14 serious [1] - 7:21 SESSION [2] - 1:15, 3:2 set [2] - 4:4, 5:18 Seventh [1] - 7:24 SHERI [3] - 1:20, 15:9, 15:21 short [1] - 13:18 show [1] - 6:15 signed [1] - 11:14 single [1] - 11:9 so-called [5] - 4:8, 4:16, 5:20, 5:23, 9:23 SOLIS [3] - 2:10, 3:18, 8:25 Solis [1] - 3:19 soon [1] - 13:4 sorry [1] - 8:16 Southern [1] - 7:14 Special [1] - 3:14 spent [1] - 6:9 split [1] - 12:17 SPRING [2] - 1:21, 2:6 SS [1] - 15:6 start [1] - 7:11 stash [19] - 4:10, 4:11, 4:17, 4:18, 4:19, 5:21, 5:22, 7:7, 7:8, 7:9, 7:13, 7:23, 8:5, 9:23, 12:7, 12:8, 12:12, 12:16, 12:25 state [1] - 3:10 STATE [1] - 15:7 STATES [10] - 1:1, 1:1, 1:4, 1:6, 2:4, 2:5, 2:6, 15:10, 15:12, 15:17 States [5] - 3:8, 3:12, 5:19, 7:19, 7:23 DktEntry: 8 Page: 21 of 22 stay [7] - 8:7, 8:10, 8:20, 8:23, 13:5, 13:18, 13:24 STENOGRAPHICA LLY [1] - 15:14 still [3] - 3:23, 6:14, 8:18 Stiropis [1] - 3:14 STREET [2] - 1:21, 2:6 suggested [1] - 5:5 supervisors [1] 11:17 suspect [1] - 5:1 suspicion [2] - 5:11, 6:19 upheld [2] - 8:15, 8:18 T targeting [2] - 5:2, 6:14 tax [1] - 6:21 THAT [2] - 15:11, 15:15 THE [34] - 3:6, 3:23, 8:8, 8:12, 8:16, 8:24, 9:10, 9:12, 9:16, 9:21, 10:2, 10:6, 10:10, 10:13, 10:22, 11:3, 11:6, 11:14, 11:19, 11:22, 12:19, 13:8, 13:19, 13:25, 14:2, 15:10, 15:12, 15:13, 15:14, 15:15, 15:16, 15:17 three [1] - 5:11 TITLE [1] - 15:12 TO [1] - 15:12 today [4] - 10:9, 13:5, 13:6, 13:18 tomorrow [1] - 13:6 TRANSCRIPT [3] 1:14, 15:13, 15:15 trolling [1] - 7:15 TRUE [1] - 15:13 true [3] - 4:18, 6:3, 12:19 two [4] - 5:10, 5:23, 10:21, 11:11 U under [3] - 8:13, 8:19, 9:17 undercover [1] - 7:1 UNITED [10] - 1:1, 1:1, 1:4, 1:6, 2:4, 2:5, 2:6, 15:10, 15:12, 15:17 United [5] - 3:8, 3:12, 5:18, 7:19, 7:23 V versus [4] - 3:8, 5:19, 7:19, 7:24 VICKIE [1] - 2:4 Vickie [1] - 3:11 VS [1] - 1:8 W war [1] - 5:23 week [1] - 8:22 WESTERN [1] - 1:2 whole [2] - 6:24, 7:11 WITH [1] - 15:16 write [1] - 8:2 written [1] - 10:1 3 Case: 14-50227 05/19/2014 ID: 9101446 DktEntry: 8 Page: 22 of 22 9th Circuit Case Number(s) 14-50227 NOTE: To secure your input, you should print the filled-in form to PDF (File > Print > PDF Printer/Creator). ********************************************************************************* CERTIFICATE OF SERVICE When All Case Participants are Registered for the Appellate CM/ECF System I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on (date) . May 19, 2014 I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. Signature (use "s/" format) /s/ Jean-Claude Andre ********************************************************************************* CERTIFICATE OF SERVICE When Not All Case Participants are Registered for the Appellate CM/ECF System I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on (date) . Participants in the case who are registered CM/ECF users will be served by the appellate CM/ECF system. I further certify that some of the participants in the case are not registered CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it to a third party commercial carrier for delivery within 3 calendar days to the following non-CM/ECF participants: Signature (use "s/" format)