Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 1 of 20 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION __________________________________ ) UNITED STATES OF AMERICA ) ) ) CRIMINAL ACTION NO. VS. ) B-13-305 ) EUGENIO PEDRAZA ) __________________________________) 7 8 SCHEDULED SENTENCING HEARING BEFORE THE HONORABLE ANDREW S. HANEN JULY 14, 2014 9 10 11 12 13 APPEARANCES: 14 For the Government: 15 MR. BRIAN K. KIDD USDOJ, Criminal Division 1400 New York Ave., N.W., Suite 12100 Washington, D.C. 16 17 20005 For Deft. Pedraza: MR. LARRY EASTEPP Larry D. Eastepp P.C. 5300 Memorial, Suite 1000 Houston, Texas 77007 Transcribed by: BARBARA BARNARD Official Court Reporter 600 E. Harrison, Box 301 Brownsville, Texas 78520 (956)982-9668 18 19 20 21 22 23 24 25 1 Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 2 of 20 1 2 3 4 THE COURT: All right. Be seated, please. We're here in B-13-305, United States of America versus Eugenio Pedraza. Mr. Kidd, you're here for the government? 5 MR. KIDD: 6 THE COURT: 7 All right. 2 I am, Your Honor. And, Mr. Eastepp, you're here for Mr. Pedraza? 8 MR. EASTEPP: 9 ready, Your Honor. 10 THE COURT: I am. He's obviously present. All right. We're Let me -- I'm going to give 11 y'all opportunity to reply to this, so I don't want y'all to 12 panic. 13 explain something that troubles me about this case. 14 glad, Mr. Kidd, you're here, and I'm glad, Mr. Eastepp, you're 15 here as opposed to some of the other lawyers, because y'all have 16 been here the entire length of the case. 17 I'm not trying to ambush either side on this. Let me And I'm From the get-go, the defendants -- and, of course, back then 18 we had Mr. Rodriguez and Mr. Pedraza as defendants. 19 defendants maintained basically that there's no cause of action 20 here. 21 wrote an opinion on that where I agreed with the government that 22 I thought -- I threw some things out, but I kept other things, 23 basically 1512 and 1519, saying if you impair an investigation, 24 it's a crime. 25 falsify, alter, destroy something with the intent to impede, There's no crime. We held hearings on that. The You know, I Or in 1519's case, if you conceal, cover-up Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 3 of 20 1 2 obstruct or influence, it's a crime. And what I'm worried about -- and maybe, Mr. Kidd, you can 3 tell me this. 4 What's ever happened to Mr. Ryan in Washington? 5 At least in part you may know the answer to this. MR. KIDD: It is, Your Honor. happened, but there is an ongoing investigation. 7 about as much as I can say. 9 THE COURT: Was it Ryan? As of today, nothing has 6 8 3 I think that's Well, here's what -- here's what worries me. That obviously worries me a little bit. And it comes on the 10 heels -- and I'm telling you in open court that what I say here 11 should not be taken as gospel because obviously I don't know any 12 of the facts. 13 the street would know. 14 courtroom saying that what Mr. Pedraza did is a crime, when in 15 Washington, D.C., it's not a crime. 16 saying is what I rely upon and with a huge grain of salt. 17 I don't know anything other than what a man off But it worries me that we're in this I mean, again, all I'm But, for instance, nothing seems to have happened to 18 Mr. Ryan. Nothing seems to be happening in the IRS 19 investigation. 20 is reported in the press happened, that's got to be as bad or 21 worse than anything Mr. Pedraza did. 22 that be on -- you know, not you, Mr. Kidd, not Mr. Cooney, but 23 your boss' boss' boss saying there's no crime here. 24 there's no crime there and there's no crime in Mr. Ryan's case, 25 albeit -- and I understand the facts are different -- why is And, again, with a huge grain of salt, if what And yet I hear the powers And if Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 4 of 20 1 2 4 there a crime here? And I -- and I'm voicing this early on before we get to 3 objections because I've read everything both sides have filed. 4 But I don't want to proceed in this case if it turns out there's 5 one law that applies in South Texas and there's another law that 6 applies in Washington, D.C., because I don't think that's right. 7 And I'm sure neither side is equipped to give me any comfort 8 one way or the other on that because I know neither of y'all 9 have been involved in that. And obviously I'm not going to rule 10 on some legal point based on what I read in the newspaper 11 because that's not fair to anybody. 12 to say a 50 percent chance what you read is wrong. 13 lot bigger than 50 percent. 14 Plus there's -- I started It may be a It may be 99 percent. But it does -- I'm troubled by the fact that -- that there's 15 one standard of law being applied down here where the Justice 16 Department is arguing this is a crime, this is a crime, this is 17 a crime; and besides your argument, my independent research 18 confirms you're right. 19 right. 20 me, then we'll find out I was wrong. 21 convinced me that at least some of these causes of action are 22 valid, but now I'm being -- I'm worried that I was wrong about 23 that because of what I'm -- of the position I'm hearing the 24 Justice Department take in Washington. 25 Or at least in part I thought you were If I sentence Mr. Pedraza and the Fifth Circuit reverses But, you know, you've And my -- I guess my only concern here -- not my only Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 5 of 20 5 1 concern, but my main concern today is that if something is 2 illegal in McAllen or in Brownsville, the same standard ought to 3 apply in Washington, D.C. 4 Washington, D.C., it ought to not be illegal here. 5 And if something is not illegal in And obviously Mr. Pedraza has a vested interest in this and 6 so does the government in its prosecution. 7 vested interest in which way is right, but I do have a big 8 vested interest in that we ought to be consistent; that if it's 9 illegal in Washington, it ought to be illegal here. 10 I have less of a And if it's legal in Washington, it ought to be legal here. 11 Now, having said that, we all know that facts make all the 12 difference in a case, and I don't know any of the facts in the 13 other cases. 14 here resolved by the jury, and so I know what these facts are. 15 But I'm uncomfortable as a -- as a matter of law without some 16 comfort, especially given the amount of time that Mr. Pedraza is 17 looking at per the PSI, with just blithely coming in and 18 addressing the objections and sentencing him and going on about 19 our business when it doesn't -- when I have a worry, let's say, 20 that the -- that he's being judged by a different standard than 21 other folks are being judged by. 22 And obviously we had the facts that were disputed And I guess I'm soliciting -- I know this is not what y'all 23 came down to argue about, so I -- and so I'm readily conceding 24 this is somewhat of an ambush in a way. 25 not -- I don't want to proceed to sentencing until I have some But I'm not -- I'm Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 6 of 20 1 2 3 6 comfort level on this. So, Mr. Eastepp, you're starting to rise, so I'll let you go first. 4 MR. EASTEPP: Judge, obviously Mr. Pedraza, as noted in 5 the presentence report, has complied with every condition of his 6 release and will continue to do so, so meaning he'll show up 7 tomorrow or at midnight or three weeks from now or whenever. 8 You know that I've had those same concerns. What I would 9 suggest to the Court is that we continue the sentencing today 10 and let us provide any supplemental briefing for the Court on 11 this issue. 12 I've done his job and did it for 22 years, including 14 as a 13 public corruption prosecutor, that they make an in-camera 14 submission to the Court as to what's going on and some matters 15 the Court may have concern about. 16 access fully to all of that, but I don't mind as -- if they do 17 that. 18 And I don't mind if the government sub -- you know, I realize I shouldn't have But I've had great concerns about these very same issues, 19 that somehow Mr. Pedraza was being singled out when other people 20 weren't. 21 my filings what I think of it as to the penalties he's facing as 22 compared to others, particularly similarly situated. 23 move to continue it and will follow any order of the Court to 24 provide any further briefing or anything that you want us to do. 25 And then when that presentence report -- you know from THE COURT: What's your thoughts, Mr. Kidd? So I would I know I'm Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 7 of 20 1 hitting you cold. 2 MR. KIDD: Your Honor, I'll take this piecemeal. 7 So 3 with respect to Ryan, I think what we have here is this is a 4 pretty typical case since rolling out the way that these things 5 do, is we're taking it piecemeal, one at a time. 6 individuals in McAllen were indicted and they've been 7 prosecuted, and we are now continuing with the investigation. 8 9 The I can't say one way or another where that investigation is going to lead, but I can tell you that as the prosecutor that 10 was working on this case, if I believed that Ryan or anybody 11 else in Washington, D.C. violated the law, either 1519, 1512, it 12 would be my recommendation they be prosecuted. 13 With respect to IRS, I can't speak on that. I'm not in a 14 position to speak on it. 15 to speak on it. 16 government investigation that is ongoing and current. 17 see why that's -- I would adamantly oppose any briefing on a 18 THE COURT: 19 MR. KIDD: 20 THE COURT: 21 MR. KIDD: 22 23 I will probably never be in a position I don't Well, is there an ongoing investigation? With respect to Ryan? With respect to the IRS. That's just not a case I can -- that is outside of the scope of what I know. THE COURT: Well, what -- I mean, how do I sentence 24 Mr. Pedraza for a crime if what he did here and what's happening 25 in Washington are considered to be two different things and Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 8 of 20 1 they're being prosecuted and he's not? 2 3 MR. KIDD: Well, I don't believe we're -- I think we're dealing with apples and oranges here. 4 THE COURT: 5 MR. KIDD: 6 THE COURT: 7 MR. KIDD: I don't -- Well, see, I don't know that. Okay. And that's what worries me. And I don't know for sure because, again, 8 what I know is probably less than what you know because I 9 just -- 10 THE COURT: 11 MR. KIDD: 12 THE COURT: 13 MR. KIDD: 14 15 Well --- haven't read up on it all that much. I don't profess to know anything. And neither do I, so we're kind of at a zero sum here. But I can tell you that Mr. Pedraza should be sentenced 16 because he was charged by the grand jury. 17 by the petit jury. 18 individuals were given non-prosecution agreements. 19 testified. 20 violated 1519 or 1512 or 371 were held responsible out of the 21 Brownsville office. 22 evidence we have. 23 Those were the charges that were brought. 24 25 8 So was everybody else. Mr. Ball was also prosecuted. He was found guilty You know, the other They Individuals that Mr. Pedraza was not targeted. This is the This is what our investigation revealed. They were not brought here and not brought in Washington because we thought let's pick on the people in Brownsville. Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 9 of 20 1 That's just not the way this thing played out. 2 investigation is continuing. 3 THE COURT: 4 MR. KIDD: 5 THE COURT: Like I said, the Here's my problem. Uh-huh. I mean, one of the things I'm supposed to do 6 as a judge is not let there be large disparities in 7 sentencing -- 8 MR. KIDD: 9 THE COURT: 10 Uh-huh. -- between individuals that have committed the same crime. 11 MR. KIDD: 12 THE COURT: Yes. And how do I give myself any comfort that 13 I'm not doing that if I'm sentencing Mr. Pedraza and -- let 14 me -- I don't remember -- 15 MR. KIDD: 16 THE COURT: 17 MR. KIDD: 18 THE COURT: Indirectly. -- the exact guideline range, but it was -63 to 78 months, Your Honor. Yeah. I mean, it was healthy; or perhaps if 19 you're in Mr. Pedraza's situation, unhealthy. 20 people are facing zero. 21 22 MR. KIDD: referring to? 23 24 25 9 But when other And when you say "other people," who are you The individuals in this case? THE COURT: Well, individuals in this case and in other cases. MR. KIDD: I can't speak for the other cases. I'm not Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 10 of 20 10 1 aware of anybody that I -- that has violated 1519 or 1512 and 2 the facts are there and the decision has been made not to 3 prosecute them and let them walk free. 4 but in this case -- 5 THE COURT: That I'm not aware of, You understand, I don't get much comfort in 6 "It's still under investigation." 7 matters under investigation for years, and nothing ever happens 8 one way or the other. 9 sits there and sits there and sits there. 10 MR. KIDD: I mean, you know, we've had It just sits there and sits there and Your Honor, I'm just not in a position to go 11 into further detail, but I can tell you it is actively under 12 investigation. 13 THE COURT: 14 MR. KIDD: 15 THE COURT: 16 here's my problem. 17 the way I said that, to sound disparagingly, because I'm not -- 18 I mean, you guys are doing your job. 19 you know, arguing vehemently that Mr. Pedraza and, at the time 20 Mr. Rodriguez, all violated these three statutes. 21 MR. KIDD: 22 THE COURT: Let me ask you a different question then. Sure. How can you give me any comfort if it -You and Mr. Gibson -- and I don't mean that I mean, you were in here, Uh-huh. 1505, 1512 and 1519. And to -- I guess to a 23 certain extent, you can say I bought your argument; or to a 24 certain extent, you could say once I researched the law, I was 25 convinced you were at least two-thirds of the way right. But Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 11 of 20 11 1 now I hear again in the lay press, and I'm -- so I'm taking that 2 with a big caveat -- that other people in Justice Department are 3 saying that's not right. 4 5 So how do I -- how do I get some comfort that I've made the right decision? 6 MR. KIDD: Your Honor, I simply cannot stand here and 7 tell you what the powers that be in the Department of Justice, 8 what decision they are or are not making. 9 THE COURT: Let me ask you then a hypothetical question 10 solely. 11 the Justice Department ought to treat equally situated 12 individuals in different parts of the country the same way? 13 I mean, do you agree with me, at least in theory, that MR. KIDD: If an individual in any other state did the 14 exact same things that Mr. Pedraza did, I believe they should be 15 prosecuted in the same way that Mr. Pedraza was. 16 17 18 19 THE COURT: asking. MR. KIDD: And obviously every defendant has their own characteristics and they get treated differently -THE COURT: 21 MR. KIDD: 23 I mean, that's essentially what I was So we at least agree on that. 20 22 Okay. I understand. -- but held responsible. Held responsible would be the proper way to say that, Your Honor. THE COURT: I understand that. So as far as the 24 government is concerned, I mean, there's no -- there's nothing 25 you can offer to the Court to give me any comfort that other Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 12 of 20 12 1 individuals that have either obstructed justice, altered 2 documents, destroyed documents, things of that nature are 3 getting treated the same as Mr. Pedraza? 4 MR. KIDD: Department wide, Your Honor? 5 can't -- I can't speak for the entire department. 6 for myself. 7 currently taking part in. I mean, I just I can speak I can speak for the investigations that I'm 8 THE COURT: 9 MR. KIDD: I understand that. Unfortunately, Your Honor, I would love to be 10 able to give you comfort on kind of a broad level. 11 speaking out of turn or about things I know nothing about, I 12 don't think I can do that. 13 But without It is my understanding that similarly situated individuals 14 would be treated the same way. 15 Whether that, in fact, is the case 100 percent of the time, I 16 just can't speak to that. 17 of briefing I could do. 18 personally could do to ever get to that level. 19 THE COURT: 20 personally. 21 Department. And I don't think there's any amount I just don't think there's anything I Well, but you realize you're not you When you're here in my court, you are the Justice 22 MR. KIDD: 23 THE COURT: 24 MR. KIDD: 25 That is my understanding. Of course. And you're it. You're everybody. Absolutely, uh-huh. And that's why I say my understanding is that everybody who is similarly situated will Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 13 of 20 13 1 be treated the same way. 2 THE COURT: All right. Here's what I want to do. I'm 3 going to continue the sentencing to September 15th at 1:30. 4 going to give Mr. Kidd, the government, to August 15th to file 5 whatever you think appropriate. 6 to file it in a sealed manner if you want to file it sealed. 7 8 And I'm giving you permission And then I'm -- Mr. Eastepp, I'm going to give you to September 5th to respond to anything that's filed. 9 10 MR. KIDD: So just to be clear, Your Honor. So sealed, but defense counsel is going to have access to it? 11 THE COURT: And if you want to file it -- he's already 12 said it's all right with him if you file it in-camera, so you 13 can file it in-camera. 14 about. 15 I'm MR. KIDD: But you know the two cases I'm worried So -- and by appropriate -- and not to -- 16 sorry, Your Honor. 17 government deems appropriate, it is to bring you some level of 18 comfort, to the extent we can, with respect to the continuing 19 investigation of DHS-OIG employees in Washington, D.C. and the 20 continuing investigation into the higher ups at IRS. 21 THE COURT: Just so I'm very clear. By what the Well, yeah, or the other people -- here's 22 what I want. I want comfort that they're going to be treated or 23 are being treated the same way Mr. Pedraza was being treated. 24 Because -- and, I mean, there may be 100 other circumstances out 25 there that I don't know anything about, and maybe you know about Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 14 of 20 14 1 them because of where you work. 2 immediately come to mind because one of them is part of this 3 case. 4 the other one is obviously in the press. 5 But those are the two that Or even though it's an extenuated part of this case, and But my concern is that he has been singled out and is 6 somehow being prosecuted in a different fashion than everybody 7 else. 8 agreed, if he's similarly situated, that's not right. 9 facts may be a thousand percent different. 10 11 And if that's the case, you know, I think you and I have MR. KIDD: Now, the And by similarly situated, I do mean with similar facts. 12 THE COURT: No, I -- you and I are on the same 13 wavelength on that. 14 to put it in a different scenario, if somebody robs the First 15 National Bank of Brownsville, they're facing the same kind of 16 prosecution they would get if they robbed the First National 17 Bank of New York. 18 I agree with that. I mean, but, you know, And while we all know facts and circumstances make all the 19 difference in cases -- and that may be what you want to file and 20 say: 21 cases. 22 facts in this case, I'm not going to disclose any secret sauce 23 to anybody. 24 Court is not being used to single out an individual where other 25 people aren't going to be prosecuted for this. Hey, Judge, look, the facts are so different in these And if you want to put them in-camera, here are the But I want some kind of comfort level that the Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 15 of 20 15 1 MR. KIDD: And just for the record, Your Honor, I think 2 we keep talking about an individual, but really what we're 3 talking about here are individuals, because Mr. Pedraza was not 4 the only person held responsible for this criminal conduct. 5 There were five other special agents who were given 6 non-prosecution agreements and testified obviously, and Mr. Ball 7 pled guilty. 8 9 THE COURT: Well, but he's the only one that's been convicted other than Mr. Ball. 10 MR. KIDD: 11 THE COURT: 12 MR. EASTEPP: 13 THE COURT: 14 Mr. Ball was also convicted. Right. I was about to say, he'll take that deal. He's not in my court, though. I have no control over Mr. Ball. 15 MR. EASTEPP: I assume this filing by the government, 16 there will be a component that I will get to see along with 17 the -- I have to know what to respond to. 18 may be a part that I can't see that actually details certain 19 facts. 20 THE COURT: Right. I understand there And so, I mean, Mr. Kidd, if you 21 feel like I've -- I'm trying not to put you in a box, even 22 though I know I am a little bit or maybe a lot of bit, depending 23 on how you look at it. 24 25 MR. KIDD: all right. Seems like a pretty tight box, but I'll be Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 16 of 20 16 1 THE COURT: But I'm trying to -- and the reason I'm not 2 being more specific, the reason I'm not saying: 3 A, B, C, and D, is because I'm trying not to put you in a box. 4 But I'm trying to -- I'm giving you some leeway to give me some 5 comfort. 6 I'm asking. 7 8 Well, tell me And I know that's not a legal term, but you know what MR. KIDD: I understand what you're saying, Your Honor. I understand what you're saying. 9 THE COURT: You know, if I wanted to ambush you, I 10 wouldn't be giving you this. I'd just be ruling. But you can 11 basically -- obviously copy Mr. Eastepp with anything you don't 12 mind him seeing that's not secret sauce; that's not, you know, 13 the -- what is it, Bush's Baked Beans that has the secret 14 recipe? 15 sealed fashion in-camera without any discussion between us 16 before. And I won't disclose anything that you file to me in a 17 MR. KIDD: 18 THE COURT: Okay. I just want there to be some kind of -- I 19 mean, because Mr. Pedraza is looking at over five years in jail. 20 And I think in order to be fair to him and, again, to give me 21 some comfort, I want to be sure that he's being treated like 22 anybody else in his same situation. 23 involved in that -- well, I don't know whether you are or not. 24 I'm assuming you're not involved in the IRS deal, but -- 25 MR. KIDD: And I realize you're not I will tell the Court that I am not involved Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 17 of 20 17 1 in the IRS. 2 3 THE COURT: And I don't know if you're involved or not involved in the other situation. 4 5 I was assuming that. MR. KIDD: I am partially involved in the other situation, Your Honor. 6 THE COURT: But -- and, I mean, not hesitate to say this 7 on the record, I don't know the facts even in that situation 8 other than I've read the entire grand jury testimony of the 9 Washington, D.C. grand jury. But, you know, what he did and 10 what he didn't do and what the witnesses are going to say, 11 obviously I don't know that either. 12 And I don't mean to unnecessarily drag this out, but before 13 I -- you know, Mr. Pedraza has no criminal record other than 14 this. 15 least in the -- even in the neighborhood we're talking about, I 16 feel he has a right to have -- it's going to be no comfort to 17 him, I know, but at least it will be some comfort to me that 18 we're following the law and the law is being uniformly applied. 19 20 And before I, you know, sentence him to something that at All right. you two? 21 22 Have I derailed the hearing enough for both of MR. KIDD: anymore. I don't think we're even in the station That's fine. 23 Just a few things for the record, Your Honor, if I may. 24 September 15th, I know you've set that as the hearing date. 25 think that's going to be fine. That same day I have a 16 I Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 18 of 20 18 1 defendant RICO trial scheduled to start in Puerto Rico. 2 guessing that's not going to go forward. 3 pretty well shelved. 4 5 THE COURT: let Cristi know, and we'll move it. MR. KIDD: 7 MR. EASTEPP: I'll notify everybody. I don't have my electronic device 8 obviously that keeps my schedule. 9 thing. I don't think I have a conflict, but I'll certainly let THE COURT: 12 just picked that. 13 MR. KIDD: 15 I was thinking the same Cristi and Mr. Kidd know if I do. 11 14 I just think that's If that date becomes a problem, I will -- 6 10 I'm We'll work with you on that. I arbitrarily And again, I don't anticipate that case actually going to trial that day. And next, just to kind of put this on the record. I don't 16 anticipate, to the extent I file anything that has anything to 17 do with open and active investigations, that any part of that 18 filing would be made available to Mr. Eastepp. 19 envision there's any way that would ever be approved by our 20 office. 21 22 23 THE COURT: I just don't I think he understands that, but at least you can refer to it as X, the X case or the Y case or whatever. MR. KIDD: And Mr. Eastepp and I get along really well. 24 We talk regularly; so, you know, obviously there's going to be 25 nothing that would be a surprise to him. Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 19 of 20 19 1 THE COURT: 2 MR. KIDD: 3 THE COURT: 4 PRETRIAL OFFICER: 5 THE COURT: 6 MR. KIDD: 7 THE COURT: 8 9 Mr. Eastepp has been in your shoes before. Uh-huh. Johnny, is Mr. Pedraza in compliance? Yes, Your Honor, he has. All right. Any objection? None whatsoever, Your Honor. All right. Mr. Pedraza will be -- remain free under the same terms and conditions he's been under. All right. Counsel, I apologize for this. But, I mean, it 10 really, as you might guess given my docket that, I mean, I kind 11 of focus on the case -- next week's cases this week and not a 12 month in advance. 13 including one filed by the government, I don't know, Friday, 14 yesterday? 15 MR. KIDD: 16 THE COURT: And reading both sides' submissions, It was Friday afternoon. Well, you know, that gets me focused on what 17 I need to focus on. And so I apologize for the lack of notice 18 on this. 19 September 15th and resolve this matter. Otherwise we'll -- we will go through on 20 MR. KIDD: 21 MR. EASTEPP: 22 MR. KIDD: 23 24 25 Excellent. Thanks, Judge. Thank you, Your Honor. (Court adjourned at 1:58.) * * * (End of requested transcript) Case 1:13-cr-00305 Document 162 Filed in TXSD on 07/15/14 Page 20 of 20 1 2 3 -oOoI certify that the foregoing is a correct transcript from the record of proceedings in the above matter. 4 5 Date: July 15, 2014 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /s/________________________ Signature of Court Reporter Barbara Barnard