Case 9:13-cr-80051-DMM Document 59 Entered on FLSD Docket 09/04/2013 Page 42 of 54 42 1 MS. BARRIST: 2 THE COURT: 3 MS. BARRIST: 4 MS. GALLER: 5 THE COURT: That's right. That's the circumstance. Yes. That's accurate, Your Honor. All right. Yes. Mr. Adams, do you want to 6 speak? 7 you know you have an opportunity directly to speak if you would 8 like to. 9 Your lawyer spoke for you some, but I want to make sure THE DEFENDANT: Thank you, sir. 10 counsel, she advised me not to speak. 11 feelings are. On the advice of She said what my 12 THE COURT: All right. 13 All right. I've considered the statements of all 14 parties, the presentence report which contains the advisory 15 guidelines and the statutory factors set forth in 18 USC 16 Section 3553(a). 17 The guidelines here are 151 to 188 months. That 18 guideline does include an enhancement for a pattern of abuse of 19 a minor. 20 being appropriate in some circumstances based on the number of 21 victims. The guidelines also speak about upward departures 22 The 3553 factor that I consider most important is the 23 necessity of a penalty that would essentially be sufficient to 24 protect the public from further crimes of the defendant. 25 It appears to me that this defendant has been involved Case 9:13-cr-80051-DMM Document 59 Entered on FLSD Docket 09/04/2013 Page 43 of 54 43 1 in activities which would constitute abuse of minors since 2 1993, 20 years, and there are a number of instances. 3 government says they've identified nine people. 4 me letters from several, as well as witnesses. 5 The I have before It's also significant that he committed this crime 6 with respect to the child pornography while he was on home 7 confinement with electronic monitoring facing -- presently 8 pending charges for fondling or molesting a victim. 9 And so it seems that he is unable or unwilling to 10 abide by the law or control the activities that he is disposed 11 to commit. 12 advisory guideline range and vary upward. 13 14 15 And so for those reasons I'm going to go above the I'm not relying on that departure provision, but I do think that a variance is appropriate given 3553(a). And the parties, it looks like, did try to deal with 16 much of this in the plea agreement. 17 already an enhancement there, but I'm not satisfied that's 18 sufficient to protect the public from further crimes of the 19 defendant. 20 I recognize there's It's, therefore, the judgment of Court that the 21 defendant, Raymond Adams, is committed to the Bureau of Prisons 22 for 240 months as to Count 4. 23 24 25 Upon release from imprisonment the defendant shall be placed on supervised release for a term of life. Within 72 hours of release the defendant shall report Case 9:13-cr-80051-DMM Document 59 Entered on FLSD Docket 09/04/2013 Page 44 of 54 44 1 in person to the probation office in the district to which he 2 is released. 3 While on supervised release the defendant shall not 4 commit any crimes, shall be prohibited from possessing a 5 firearm or other dangerous device, and shall not possess a 6 controlled substance. 7 In addition, the defendant shall cooperate in the 8 collection of DNA and comply with the standard conditions of 9 supervised release, including the following special conditions: 10 Data encryption restriction, computer modem 11 restriction, computer possession restriction, no unsupervised 12 contact with minors, no contact with minors in employment, no 13 involvement in youth organizations, sex offender treatment, 14 restriction from possession of sexual materials, the Adam Walsh 15 Act search condition, and sex offender registration, all as 16 noted in Part G of the presentence report. 17 18 19 The defendant shall also pay to the United States a special assessment of $100. Forfeiture of the defendant's right, title, and 20 interest in the computer equipment as specified in the plea 21 agreement is hereby ordered, and the government should submit a 22 proposed order of forfeiture promptly. 23 24 25 So the total sentence is 240 months' imprisonment, supervised release of life, and a $100 special assessment. Now that sentence has been imposed, does the defendant Case 9:13-cr-80051-DMM Document 59 Entered on FLSD Docket 09/04/2013 Page 45 of 54 45 1 or his counsel object to the Court's findings of fact or the 2 manner in which sentence was pronounced? 3 MS. BARRIST: Yes, Judge. He basically got no benefit 4 for having pled guilty then and we object to the upward 5 variance and/or departure that you just did and for the reasons 6 that you said. 7 THE COURT: 8 appeal the sentence imposed. 9 filed within 14 days. 10 All right. Mr. Adams, you have a right to Any notice of appeal must be Failure to file a notice within that period would constitute a waiver of your right to appeal. 11 Your plea agreement had a waiver of your right but 12 only if I sentenced you within the guidelines. 13 gone above the guidelines, you do have a right to appeal which 14 you would not have had otherwise. 15 16 Okay. 19 20 21 22 23 24 25 Do you want me to make any recommendation to the Bureau of Prisons? 17 18 And since I've MS. BARRIST: Yes, Judge. I was just asking the marshals. MS. GALLER: In the meantime, Your Honor, we would move to dismiss the remaining counts. THE COURT: All right. The remaining counts are dismissed. MS. BARRIST: Judge, someplace around St. Louis. I don't know what federal prison is up there. THE COURT: All right. A prison as near as possible Case 9:13-cr-80051-DMM Document 59 Entered on FLSD Docket 09/04/2013 Page 46 of 54 46 1 2 3 to St. Louis so he can be close to family. All right. Good luck to you, sir. (Proceedings concluded at 11:34 a.m.) 4 5 6 C E R T I F I C A T E I, Karl Shires, Registered Professional Reporter and 7 Federal Certified Realtime Reporter, certify that the foregoing 8 is a correct transcript from the record of proceedings in the 9 above-entitled matter. 10 Dated this 4th day of September, 2013. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ____________________________ Karl Shires, RPR FCRR