IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA UNITED STATES OF AMERICA * * vs. * * HARRY LEE WICKER, JR., * * DEFENDANT. * ******************************* Case No. 1:14CR39-4 Winston-Salem, North Carolina October 29, 2015 9:35 a.m. TRANSCRIPT OF SENTENCING HEARING BEFORE THE HONORABLE JAMES A. BEATY, JR. UNITED STATES SENIOR DISTRICT JUDGE APPEARANCES: For the Government: FRANK J. CHUT, JR., ESQUIRE Office of the United States Attorney 101 S. Edgeworth Street, 4th Floor Greensboro, North Carolina 27402 For the Defendant: WADE M. SMITH, ESQUIRE MELISSA HILL, ESQUIRE Tharrington Smith, LLP Post Office Box 1151 Raleigh, North Carolina 27602 Court Reporter: Lori Russell, RMR, CRR P.O. Box 20593 Winston-Salem, North Carolina 27120 Proceedings recorded by stenotype reporter. Transcript produced by Computer-Aided Transcription. 10/29/15 - USA v. WICKER - SENTENCING HEARING 2 1 P R O C E E D I N G S 2 (Defendant present.) 3 MR. CHUT: Your Honor, the first matter for the Court 4 is United States of America versus Harry Lee Wicker, Jr., 5 1:14CR39-4. 6 Mr. Smith. Mr. Wicker is represented by Mr. -- Ms. Hill and He's on for sentencing, Your Honor. 7 THE COURT: Mr. Smith, you represent Harry Lee Wicker? 8 MR. SMITH: Good morning. 9 Yes, sir, Your Honor. I represent Mr. Wicker, along with Melissa Hill -- 10 THE COURT: Ms. Hill. 11 MR. SMITH: -- my partner. 12 THE COURT: I believe you represent the Defendant; and Thank you, sir. 13 he's charged and subject to sentencing for Count One, 14 Section iv of Object One, conspiracy to obstruct government 15 function; is that correct? 16 MR. SMITH: That's correct, Your Honor. 17 THE COURT: Have you had an opportunity to review with 18 him the presentence report filed in this case? 19 MR. SMITH: We have, Your Honor. 20 THE COURT: Did you have sufficient time to do that to 21 22 determine whether any objections should be filed? MR. SMITH: We've had sufficient time to do that. 23 Ms. Hill will address any objections we have, if that's okay 24 with Your Honor. 25 THE COURT: Yes, sir. 10/29/15 - USA v. WICKER - SENTENCING HEARING 3 1 What objections are outstanding at this point, Ms. Hill? 2 MS. HILL: Your Honor, the only objections that affect 3 the sentencing guideline determination is the one objection to 4 the addition of two levels for more than one extortion or bribe 5 under 2C1.1(b)(1) of the sentencing guidelines. 6 the addition of those two levels. 7 objections relating to the offense conduct and are not -- I 8 don't need to be heard on those. 9 10 THE COURT: We object to The other are factual I believe the Government has already conceded that that characteristic should not apply. 11 MS. HILL: 12 THE COURT: Yes, sir. To the extent that that concession has 13 been made, it would appear the following guideline ranges 14 apply: 15 I, imprisonment range of 12 to 18 months, supervised release 16 range of 1 to 3 years, fine range of 3,000 to $30,000. 17 Total offense level of 13, criminal history category of Is that your understanding? 18 MS. HILL: 19 THE COURT: 20 MS. HILL: Yes, sir, we have no objection to that. 21 THE COURT: From the Government's perspective, are 22 Is that your understanding? there any outstanding matters for the Court to consider? 23 MR. CHUT: 24 THE COURT: 25 (Nods head.) in this case? No, Your Honor. Is there a motion pursuant to 5K1.1 filed 10/29/15 - USA v. WICKER - SENTENCING HEARING 4 1 MR. CHUT: Yes, Your Honor, there was a motion filed 2 and, Your Honor, it was amended and that motion, Your Honor, 3 the Court -- the United States would ask the Court in its 4 discretion to grant a downward departure in an amount the Court 5 feels is just. 6 We amended it, Your Honor, to reflect what -- what I and 7 the criminal chief believe is a fair sentence compared to the 8 other defendants, Your Honor, but I would ask the Court to 9 grant the motion and grant a downward variance for the very 10 substantial cooperation outlined in the motion and in a manner 11 the Court feels just in its discretion, Your Honor. 12 THE COURT: In viewing both what you filed and the 13 Government -- and the Defendants filed, it would appear the 14 Government had information that would have presented the other 15 defendants in a much worse light than presented to the Court 16 initially. 17 18 MR. CHUT: In terms of, Your Honor, what Mr. Wicker provided us? 19 THE COURT: Yes. You said he was available -- by your 20 pleadings, available to testify as to the others and certainly 21 Defendant makes the point and you -- part of what you're saying 22 was available to testify presented them in a much worse light 23 than was presented to the Court before this time. 24 25 MR. CHUT: Honor? In terms of Mr. Eury and Mr. White, Your 10/29/15 - USA v. WICKER - SENTENCING HEARING 5 1 THE COURT: Yes, sir, in terms of their involvement, 2 what their intentions were, what -- they knew clearly that they 3 were doing in terms of concealing and taking money from the 4 Mexican immigrants. 5 MR. CHUT: Your Honor, I think what Mr. -- I'm not 6 sure, Your Honor, if I agree that it shows them in a worse 7 light than -- they did plead guilty to the felonies dealing 8 with that, Your Honor, and at sentencing Mr. Wicker was 9 available to testify against them. At least Mr. Eury, I 10 believe, modified how -- his presentation because of the 11 availability of Mr. Wicker, Your Honor. 12 inform the Court he was available. 13 to inform the Court to take that into consideration. 14 I certainly want to I felt in fairness I needed I'm not sure, Your Honor -- I'm not sure that shows them in 15 a worse light than I think we presented. 16 Government has presented the positions that it did and the PSR 17 was generally not objected to, except for the issue of 18 leadership. 19 certainly a point in his favor, Your Honor. But Mr. Wicker was available, Your Honor. 20 THE COURT: 21 your 5K1.1 is at this point. 22 Court's discretion. 23 I think the MR. CHUT: 24 Your Honor. 25 it, Your Honor. That's You are not very specific in terms of what You're just leaving that to the I leave that in the Court's discretion, I was informed the Court had some questions about Quite frankly, the way the sentences of -- 10/29/15 - USA v. WICKER - SENTENCING HEARING 6 1 Mr. -- as it's laid out in great detail in the motion, 2 Mr. Wicker has done everything expected of him. 3 substantial impact in this case. He had 4 I'll note, Your Honor -- this may be more of a sentencing 5 position than a 5K position -- compared to the other offense, 6 Your Honor, I think Mr. Wicker, the evidence shows, has tried 7 to make amends and have a positive impact since his guilty plea 8 in a way that differentiates him from the defendants. 9 Court feels in its discretion, Your Honor, that probation is If the 10 appropriate, that will -- I think in line with the other 11 defendants, Your Honor, that's -- 12 13 THE COURT: amended -- 14 MR. CHUT: 15 THE COURT: 16 Yes, Your Honor. -- petition. The Court indicated it's not accepting that. 17 18 That's the recommendation you made in your MR. CHUT: Yes, Your Honor. I understand, Your Honor. I would ask the Court to take into account the very 19 substantial nature of Mr. Wicker's cooperation. 20 have been a prosecutor for 16 years and I really have very 21 seldom had a cooperating witness throw themselves into the 22 cooperation wholeheartedly, without reservation like Mr. Wicker 23 did. 24 Court and ask the Court to adjust the sentence downward in the 25 Court's discretion. Your Honor, I I think, Your Honor, it behooves me to report that to the I think, Your Honor, he needs to get 10/29/15 - USA v. WICKER - SENTENCING HEARING 7 1 credit for what he did. 2 whole gamut of cooperation and willingness. 3 mind, exemplary in his service. 4 being straightforward and honest, admitted his own guilt, and 5 moved forward in cooperating with the United States. 6 THE COURT: You know, cooperating witnesses run a He was, in my He was very interested in I found it interesting that the Government 7 did not suggest that there was some monetary amount Mr. Wicker 8 should pay compared to the other -- unless you know of 9 something I don't. 10 MR. CHUT: Your Honor, he is paying a civil forfeiture 11 that is identical to Mr. White's civil forfeiture. 12 done separate. 13 a separate civil matter. 14 amount that Mr. White forfeited, Your Honor. 15 It is being He is forfeiting $220,000 today, Your Honor, as So he is actually forfeiting the same I apologize to the Court, Your Honor, that's not in the 16 plea agreement. 17 I apologize to the Court for that. 18 forfeiting the identical amount that Mr. White is forfeiting. 19 20 21 The Court should have been informed of that. THE COURT: Mr. Hill, Ms. Smith, do you wish to be heard further as to sentencing? MR. SMITH: Yes, sir, Your Honor, I would like to. 22 Thank you very much, Your Honor. 23 to speak to Your Honor. 24 25 He is also, as I said, We appreciate the opportunity Your Honor, let me just go straight to the issue that -that Your Honor raises and talk about the cooperation. I 10/29/15 - USA v. WICKER - SENTENCING HEARING 8 1 believe that because of Mr. Wicker's cooperation the other 2 defendants entered their guilty pleas and I don't think they 3 would have done it otherwise. 4 I believe it is absolutely the truth that Mr. Wicker made 5 his decision -- he made his decision a long time ago that he 6 wanted to stand up, and Ms. Hill and I were with him throughout 7 that time. 8 it was a not guilty plea. 9 pleading not guilty; but Mr. Wicker talked about the fact that 10 he has three young boys, he has a wife, and he wanted to be a 11 stand-up person. 12 As it started, when we first came into this case, All three of the defendants were The honest truth, Your Honor, is that this was like a 13 little bird pecking inside an egg, and it pecked and pecked and 14 pecked, and he talked about that with us, and he talked about 15 how he wanted to tell the truth and he wanted to put this 16 behind him, and we encouraged him to do that. 17 out to Mr. Chut to let Mr. Chut know that Mr. Wicker was 18 interested in trying to reach an accommodation with the 19 Government and tell the truth. 20 So we reached That was a tough process for him because he was working 21 with those two other defendants. 22 were going to plead not guilty and he had to work with them, he 23 had to see them every day, but he was going to -- to change his 24 plea and he was going to enter a plea of guilty and this -- 25 this created a very difficult situation at his work, but he It was quite awkward if they 10/29/15 - USA v. WICKER - SENTENCING HEARING 9 1 went ahead and he entered his guilty plea. 2 Mr. Wicker if he entered his guilty plea it would be important 3 for him to -- to tell Mr. Chut the truth about the whole thing. 4 So we started to make journeys. And we -- we told He comes from Sanford. We 5 started to make journeys over here, over to Greensboro, to see 6 Mr. Chut; and in those meetings with Mr. Chut and with all of 7 the agents, some of whom are here and I know they would -- they 8 would absolutely confirm this, Mr. Wicker was a very stand-up 9 man and he told the truth and he told it in detail. He told it 10 without -- without fear and he held nothing back. 11 over we came; and the people at his work, the people where he 12 was, the other defendants knew that he had made this change; 13 and it was extraordinarily hard for him at work. 14 difficult. 15 And over and It was We went ahead and cooperated fully, and we -- we realized 16 as we moved through this process that those other two 17 defendants were going to plead guilty. 18 anything away from them. 19 want to say that I have absolutely no doubt that Mr. Wicker's 20 telling the truth, standing up for what he believed in is the 21 reason that they pleaded guilty. 22 the Court, I think, a lot of time. 23 States Attorney's office -- he saved them a lot of time. 24 his family all knew that he was -- that he was doing this. 25 I don't want to take I don't want to harm them, but I do In that process, they saved They saved the United And I have never, Your Honor, in more than 50 years of doing 10/29/15 - USA v. WICKER - SENTENCING HEARING 10 1 this -- I'm an officer of the court. 2 the truth. 3 did. 4 did it and the courage with which he did it and the courage it 5 took for him to go ahead and go to work every day with these 6 people there who blamed him, who felt that he was causing them 7 to have to plead guilty, but they did and he did. 8 I will tell Your Honor I have never seen anything like what Mr. Wicker I have never seen anything like the spirit in which he And so, Your Honor, he's before you -- he is a contented 9 man. 10 them. He's got three little boys. He wanted to stand up for His community is here. 11 May I ask everyone to stand who is here in his support? 12 And I'll name them, Your Honor. 13 You may sit down. 14 They're here. 15 So, Your Honor, you know, my great mentor was Carlisle They know what he has done. 16 Higgins. 17 he then went on to the Court -- the North Carolina Supreme 18 Court. 19 speak clearly to a judge and ask for what you want. 20 ever get what you want if you don't ask for it." 21 And so, Your Honor, I want to do that today. He was the U.S. Attorney here from 1934 to 1947 and And he used to say to me, "Lawyer Smith, you know, You won't I want to say 22 to you as an officer of this court I have never seen a man 23 deserve probation more than this man. 24 heart, as an officer of this court, that he deserves probation. 25 And so, Your Honor, as clearly, as clearly as I can, in the I believe with all my 10/29/15 - USA v. WICKER - SENTENCING HEARING 11 1 clearest voice that I have available to me, I want to ask Your 2 Honor to put -- to put this man on probation. 3 Nevertheless, I have great confidence in Your Honor. I've 4 been in this court before. We entrust that, of course, to you. 5 It is not our business. 6 say the truth to you and so we have said the truth to you as -- 7 as fully and completely as we can. 8 this man -- to me, he's a boy -- to go home, to be with 9 Christyl, his wife, and his three little boys, to continue his It is yours, but it is our business to 10 work. 11 I so much want that to happen. 12 He is so good at his work. I so much want this boy -- He is needed in his work and And, Your Honor, if I could give you the names of the 13 people who are here, I would like to do that. 14 you'll know? May I do that so 15 THE COURT: Yes. 16 MR. SMITH: Your Honor, his wife is Christyl and her 17 sister is here, Leah Cattanach, and they've stood. 18 here, Harry Wicker, and Mary Alice. These are -- these are 19 wonderful, goodhearted farm people. His brother, Warren, is 20 here; and there are Board members -- members of the -- members 21 of the Board; and the people who are here for that are 22 Mr. Wester -- Mr. Len Wester and Mr. Denny Lee. 23 friend, Chalmers Carr, who is here. 24 is one of the attorneys for the North Carolina Growers 25 Association, a very able counsel, she is here from Atlanta; and His dad is He has a Ann Margaret Pointer, who 10/29/15 - USA v. WICKER - SENTENCING HEARING 12 1 Leon Sequeira is here, former Assistant Secretary of the United 2 States Department of Labor. 3 He is here. They are all here to say to you there is no one, there is 4 no one better than this young man. 5 I've never represented a finer person than Lee Wicker; and so 6 with every ounce of energy I have inside me, I ask Your Honor 7 to give this man a probationary sentence and thank you for 8 hearing from me, Your Honor. 9 THE COURT: 10 All right, sir. Does the Government wish to be heard further? 11 12 There's not a finer person. MR. CHUT: No, Your Honor -- well, very briefly. One thing, Your Honor -- 13 THE COURT: I wish you would address the nature of the 14 offense. 15 character. 16 and when you consider the level and extent to which this 17 enterprise took place, we're not talking about a minor crime. Everybody certainly talks about this gentleman's good There is a criminal offense here being downplayed; 18 MR. CHUT: No, Your Honor, it's not a minor crime and 19 I'm not trying to downplay. 20 THE COURT: Even for this defendant who certainly 21 stood up, but considering what economic benefit occurred to him 22 and the others -- 23 MR. CHUT: 24 THE COURT: 25 MR. CHUT: That's correct, Your Honor. -- the Court is not taking that lightly. You're absolutely correct, Your Honor. 10/29/15 - USA v. WICKER - SENTENCING HEARING 13 1 2 Your absolutely correct. It's a very serious crime. Like I said for the other defendants, Mr. Wicker, before he 3 kind of saw the light and tried to make amends and pled guilty 4 and admitted his guilt, exploited the system for his financial 5 benefit and it was a large financial benefit and this Court has 6 a very serious need to punish those who take advantage of the 7 legal system in this country for their own financial benefit. 8 As I said for Mr. White and Eury, that same argument applies, 9 Your Honor. This is a very serious matter that involved 10 interference and exploitation of the immigration system of the 11 United States; and I am not, Your Honor, trying to or -- 12 apparently I'm perceiving to, but I don't mean to downplay the 13 seriousness of the offense. 14 It was a very serious offense and, you know, good things 15 have -- defendants have two edges, Your Honor. 16 of this is Mr. Wicker is a smart man and Mr. Wicker should have 17 known better and, in fact, admitted to me that he should have 18 known better. 19 by with Stan Eury, concealed what they were doing from the 20 Board and others, so he did those things. 21 should have known better. 22 and Mr. Eury cut both ways. 23 from them, but he did the same things they did to some extent, 24 so I'm not trying, Your Honor, to downplay the seriousness of 25 his conduct. The other edge He admitted to me that his mistake was he stood Quite frankly, he I think the differences between him He seems to be a different person It was very serious. 10/29/15 - USA v. WICKER - SENTENCING HEARING 14 1 As I've expressed to this Court before, what I find -- what 2 the Government finds very disturbing, Your Honor, is when 3 educated businessmen who have sophisticated understandings of 4 the system play it for their own benefit to the harm of the 5 country, harm of the individuals. 6 Your Honor, so that -- I do not intend, Your Honor, and I 7 apologize if I have seemed to downplay the conduct, but the 8 conduct is very serious, Your Honor. 9 that. 10 11 THE COURT: It is a very serious matter, There's no doubt about All right, sir. Anything further, Mr. Smith? 12 MR. SMITH: Nothing further. 13 THE COURT: Stand up, Mr. Wicker. Thank you, Your Honor. In addition to what 14 your attorney has said, is there anything you wish to say on 15 your own behalf? 16 17 18 THE DEFENDANT: Yes. Thank you for this opportunity to speak to the Court, Your Honor. I first learned of the difficult challenges that farmers 19 and farm workers face as a teenager growing tobacco with my 20 father on our family farm. 21 to work for farmers and farm workers, the people who get up 22 every day and put on their work boots and do real important and 23 necessary work to feed our nation and the world. 24 best people on the earth, and it's been my privilege and honor 25 to work for them. I've been blessed in my adult life They're the I look forward to closing this difficult 10/29/15 - USA v. WICKER - SENTENCING HEARING 15 1 chapter in my life, and I'm hopeful that I'll be able to 2 continue working for the outstanding farmers and farm workers 3 of NCGA. 4 be a positive role model for my children. 5 I want to always be straight with the Government and I want to thank my entire family, especially my wife, the 6 Board of -- NCGA Board of Directors, some of whom are here this 7 morning to support me, my dear friends and colleagues for their 8 love and support through this difficult time. 9 know how much they mean to me. 10 They will never I accept responsibility for my crime, and I am deeply sorry 11 for my actions and the part I played in this conspiracy. 12 embarrassed and ashamed. 13 extends to me in sentencing today. 14 15 16 I'm I appreciate any mercy the Court Thank you. THE COURT: All right, sir. The Court has considered the guidelines on an advisory 17 basis and taken into account the following: 18 level of 13, criminal history category of I, imprisonment range 19 of 12 to 18 months. 20 A total offense In addition to considering the guidelines on an advisory 21 basis, the Court has noted as well factors under 3553 that 22 apply in this case. 23 With respect to the seriousness of the offense, the Court 24 finds the matter is a serious offense even though it is of 25 economic loss to victims in this case. 10/29/15 - USA v. WICKER - SENTENCING HEARING 16 1 With respect to the history and characteristics of the 2 Defendant, the Court notes, as presented by counsel for the 3 Government and the Defendant, his substantial assistance in 4 providing potential testimony to the Government. 5 notes as well his community and family support and his 6 expression of remorse in this matter. 7 The Court For those reasons, the Court will sentence outside of the 8 advisory guidelines or impose a sentence that takes into 9 account the need for protection of the public, provide 10 respect -- and promote respect for the law. 11 takes into account the need to avoid any sentencing disparities 12 with respect to the other defendants that were previously 13 sentenced in this case while at the same time taking into 14 account this defendant's willingness to testify as to the level 15 of conduct of criminal activity engaged in by himself and 16 others. 17 The Court also The guideline range that results does not exceed 24 months, 18 but the Court has found reasons that it will depart and impose 19 a variant sentence in this matter. 20 As to Count One, Section iv, Object 1, it's ordered 21 Defendant is committed it the custody of the Bureau of Prisons 22 for a term of two months followed by two years of supervised 23 release. 24 25 He's ordered to pay a special assessment of $100. due and payable immediately. To the extent he cannot This is 10/29/15 - USA v. WICKER - SENTENCING HEARING 17 1 immediately comply, the Court will recommend he participate in 2 the Inmate Financial Responsibility Program. 3 The Court has been made aware that the Defendant outside of 4 this process has agreed to pay civil penalties in this matter. 5 Nevertheless, the Court finds that he's able to pay a fine 6 within the advisory guideline range. 7 Court will impose a fine of $20,000 to be paid and due and 8 payable immediately. 9 For that reason, the Mr. Smith, have you talked with your client concerning his 10 ability to pay at a certain rate this amount or is there some 11 intent to pay it at a sooner rate than -- 12 MR. SMITH: We're in a position, Your Honor, to pay 13 most of it. 14 20,000 and when we can get that paid, but we'll pay it quickly. 15 We might need to regroup and think about the THE COURT: In addition to the usual terms and 16 conditions of supervised release, the Court will suspend any 17 condition for substance abuse testing as there's a low risk of 18 future substance abuse by this defendant. 19 He is ordered to provide any requested financial 20 information to the probation officer. 21 notify the Court of any material change in his economic 22 circumstances that might affect his ability to pay any fine or 23 special assessment the Court has ordered in this case. 24 25 The Defendant shall As the Court has ordered, he is to pay a fine of $20,000. At this point, in the event the entire amount of criminal 10/29/15 - USA v. WICKER - SENTENCING HEARING 18 1 monetary penalties is not paid prior to commencement of the 2 term of supervised release, the Defendant shall make equal 3 monthly payments of $300 to begin 60 days after the 4 commencement of the term of supervised release and continue 5 until paid in full. 6 Mr. Smith, you talked about his ability to pay or at least 7 his opportunity to determine whether he can pay this in a lump 8 sum, but to the extent that he's not, have you discussed with 9 him whether or not a payment of $300 per month is reasonable 10 and feasible for him to pay? 11 MR. SMITH: 12 13 14 15 16 Your Honor, we believe we can pay that $20,000 within 30 days. THE COURT: All right, sir. The Court will give the Defendant 30 days from this date to fully comply with the monetary portions of the judgment. The Government has made some suggestion at least as a part 17 of its pleadings that it would leave to the Department of Labor 18 any debarment proceeding as to this defendant as to whether or 19 not he should participate in the immigration industry. 20 still the Government's position? Is that 21 MR. CHUT: 22 heard very briefly on that. 23 attorneys for the Board of North Carolina Growers Association 24 and actually spoke with the chairman of the Board on his 25 initiative to emphasize the positive steps he's taken to try to It is, Your Honor. Your Honor, if I may be I have been contacted by the 10/29/15 - USA v. WICKER - SENTENCING HEARING 19 1 remedy the situation, so I will report that to the Court in 2 that regard, Your Honor. 3 THE COURT: There is also a recommendation, Mr. Chut 4 and Mr. Smith, as a part of the presentence report that he 5 should not be self-employed or otherwise employed in any 6 industry related to immigration. 7 imposes that, does that affect the present employment he has, 8 Mr. Smith? 9 MR. SMITH: Does that -- if the Court Your Honor, that would and we very much 10 hope that he can continue to do the work that he is doing now. 11 We very much would. 12 don't have that condition and I don't know that for sure. 13 really do hope that he can continue to do his work. 14 important to him and it's important to, I think, the 15 association -- the Growers Association. 16 THE COURT: We understand that the other defendants We It's very I think they need him. The Court will not impose any additional 17 condition relating to debarment or employment in the industry 18 which he's now engaged in. 19 With respect to the active portion of the judgment the 20 Court has imposed, the Defendant is to report to the Bureau of 21 Prisons at such place as may be designated by the Bureau of 22 Prisons or the Marshal Service by two o'clock p.m. on 23 December 4th, 2015. 24 25 Anything further from the Government or the Defendant? MR. CHUT: No, Your Honor. Thank you. 10/29/15 - USA v. WICKER - SENTENCING HEARING 20 1 MR. SMITH: Your Honor, is it possible that he could 2 report in January? 3 his family for the holidays. 4 THE COURT: The Court will leave it December 4th. 5 MR. SMITH: All right. 6 THE COURT: Anything further from probation? 7 PROBATION OFFICER: 8 THE COURT: 9 10 11 I ask that just so that he could stay with No, Your Honor. He may speak with the probation officer before he leaves, if necessary. Have you had a chance to speak with him, Mr. Smith, concerning any rights of appeal that he may have in this case? 12 MR. SMITH: We have. 13 THE COURT: Please make sure he's aware, if he chooses We have. 14 to file notice of appeal, it must be done in writing within 14 15 days of the entry of the Court's judgment. 16 MR. SMITH: There will be no appeal. 17 THE COURT: All right, sir. 18 He's excused, unless he needs to talk to the probation officer. 19 MR. SMITH: Thank you very much. 20 MR. CHUT: Thank you, Your Honor. 21 22 23 24 25 Thank you. (Proceedings concluded at 10:03 a.m.) 10/29/15 - USA v. WICKER - SENTENCING HEARING 21 1 2 3 4 5 6 C E R T I F I C A T E I, LORI RUSSELL, RMR, CRR, United States District Court Reporter for the Middle District of North Carolina, DO HEREBY CERTIFY: That the foregoing is a true and correct transcript of the proceedings had in the within-entitled action; that I reported the same in stenotype to the best of my ability and thereafter reduced same to typewriting through the use of Computer-Aided Transcription. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lori Russell, RMR, CRR Official Court Reporter Date: 11/12/15