Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 1 of 30 PageID 358 1 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE WESTERN DISTRICT OF TENNESSEE 3 WESTERN DIVISION 4 __________________________________________________________ 5 UNITED STATES OF AMERICA, 6 Plaintiff, 7 vs. 8 JARED WEATHERLY, 9 10 NO. 2:18-CR-20057 Defendant. _____________________________________________________________ 11 12 13 SENTENCING HEARING 14 15 16 BEFORE THE HONORABLE JOHN T. FOWLKES, JR., JUDGE 17 18 MONDAY 19 19TH DAY OF NOVEMBER, 2018 20 21 22 23 24 25 LISA J. MAYO, CRR, RMR OFFICIAL REPORTER FOURTH FLOOR FEDERAL BUILDING MEMPHIS, TENNESSEE 38103 Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 2 of 30 PageID 359 2 1 A P P E A R A N C E S 2 3 4 5 6 7 8 Appearing on behalf of the Plaintiff: MR. J. WILLIAM CROW U.S. Attorney's Office 167 N. Main Street, Suite 800 Memphis, TN 38103 (901) 544-4231 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appearing on behalf of the Defendant: MR. LEE HOWARD GERALD Law Office of Lee Gerald 619 South Cooper Memphis, TN 38104 (901) 525-8848 Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 3 of 30 PageID 360 3 1 MONDAY 2 November 19, 2018 3 The sentencing hearing in this case began on this 4 date, Monday, 19th day of November, at 12:08 p.m., when and 5 where evidence was introduced and proceedings were had as 6 follows: 7 ---------------------- 8 THE COURT: 9 Just for the record, this is United 10 States versus Jared Weatherly, set today for sentencing. 11 both sides ready to proceed? 12 MR. CROW: 13 MR. GERALD: 14 THE COURT: Are Yes, Your Honor. Yes, Your Honor. Okay. Presentence Report has been 15 prepared. 16 recommendation that I've also reviewed. 17 filed position papers, sentencing memoranda. 18 that material as well. 19 entered into, and I'll make the final decision about the plea 20 agreement shortly. 21 I have reviewed it. Thank you. There's a sentencing Both sides have I've reviewed There's a plea agreement the parties As I normally do, I'd like to go through the 22 calculations first so that we get our starting point in 23 place. 24 need to take up. 25 Defense wanted clarified, but I'll double check with the I don't know that there are any objections that we I think there were several things that Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 4 of 30 PageID 361 4 1 parties once we get our starting point in place, and so, I'd 2 like to go ahead and start at this time. 3 The calculations begin on Page 8 of the 4 Presentence Report at Paragraph 24. Of course, this is 5 conspiracy to possess with intent to distribute that long 6 word, methylenedioxymethamphetamine. 7 because of the quantity of the MDA -- MDMA is placed at 14. 8 It is a two-level upward adjustment because a firearm was 9 found I believe in a vehicle that the Defendant had occupied The base offense level 10 just prior to the events taking place. 11 adjusted offense level of 16. 12 motion on behalf of the Defendant with regard to acceptance 13 of responsibility, there will be a three-level downward 14 adjustment. 15 16 That gives us an Assuming the Government makes I need to know if the Government is making that motion? 17 MR. CROW: 18 THE COURT: 19 level of 13. 20 no criminal history. 21 category becomes a 1. We are, Your Honor. Okay. That gives us a total offense We see at Page 10, Paragraph 37 Defendant has It's zero. And so the criminal history 22 Finally, we page over to Page 18, Paragraph 81, 23 base offense -- total offense level of 13, criminal history 24 category of 1, gives rise to a sentencing range of 12 to 25 18 months. Okay. I need to double check with Probation and Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 5 of 30 PageID 362 5 1 make sure that's accurate. 2 PROBATION: Correct, Your Honor. 3 THE COURT: All right. 4 I need to know if there are any objections and Thank you. 5 also whether or not the calculations are correct. 6 Government? MR. CROW: 7 8 First, the Yes, Your Honor, they are correct. No objections. THE COURT: 9 All right. 10 And the Defense? 11 MR. GERALD: Thank you. Your Honor, I want to make sure, I 12 don't know if the Court planned on talking about the safety 13 valve reduction but he is eligible. 14 object, and that would change I believe that 12 to 18 months 15 if I'm not incorrect to 10 to 16. The Government doesn't 16 Is that it, Mr. Grandberry, if I may? 17 PROBATION: Yes. 18 THE COURT: Hold on just a moment. 19 MR. GERALD: 20 Honor. 21 addendum. 22 It would be 10 to 16 months, Your And if I could, Your Honor, I'm referring to the THE COURT: The addendum sets out the safety 23 valve, the top of Page 2, I believe. Assuming the safety 24 valve were included, we would end up with a total offense 25 level of 12 and the 10 to 16 months that you made reference Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 6 of 30 PageID 363 6 1 to. 2 MR. GERALD: 3 THE COURT: 4 MR. GERALD: 5 THE COURT: That would be -- other than that, we All right. And I'm assuming the Government doesn't have any objection to that? 8 MR. CROW: 9 THE COURT: 10 Okay. have no objections. 6 7 That is. We do not object, Your Honor. All right. Before we move on, would the safety valve apply if a firearm was involved? MR. CROW: 11 That was one of my concerns about 12 this, Your Honor, and I was waiting to see how Probation came 13 down on it. 14 I think it says if a firearm was possessed then 15 the safety valve does not apply, but I'm happy to go along 16 with however Probation reads that, what it's supposed to 17 mean, whether it means the Defendant personally has to have 18 it or someone else has to have it. 19 MR. GERALD: Your Honor, if I may, the facts 20 would indicate that the firearm was possessed by Mr. Silas, 21 was never in the possession of Mr. Weatherly, and at the end 22 of the day was thrown into the back seat to the third 23 co-defendant. 24 25 I can't remember her name. I apologize. But Mr. Weatherly, per his statement, never possessed -- and per the co-defendants never possessed the Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 7 of 30 PageID 364 7 1 firearm. There's some -- there's some argument that he was 2 not completely aware that the firearm was even in the car 3 until the arrest occurred. THE COURT: 4 This brings about another question in 5 this case. 6 think I'm going to need to hear about that because of the 7 facts that are set out in the Presentence Report. 8 could turn to Page 7. 9 Government chose not to proceed with 924(c). I If y'all Paragraph 18 talks about the interview that the 10 officers had with the Defendant. 11 sentence on the -- last full sentence and then continuing on 12 to Page 8. 13 spoke to the subject to discuss a price because Silas would 14 not talk with him. 15 tab. 16 firearm between his legs when Weatherly exited the vehicle 17 and entered the undercover officer's vehicle." 19 Weatherly advised that Silas had a we're proceeding in this case. MR. CROW: Your Honor, is your question as to whether or not -- or why we didn't charge 924(c)? THE COURT: 22 23 The agreed-upon price was $8 per ecstasy I need to inquire of the Government about how 20 21 "Prior to their arrival at Wendy's, Weatherly Total of $800. 18 You see the very last Yes, sir. That's one of the questions. 24 MR. CROW: 25 THE COURT: Yes, Your Honor. And then also the safety valve. Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 8 of 30 PageID 365 8 MR. CROW: 1 Yes, Your Honor. I would not have 2 charged 924(c) in this case against Mr. Weatherly because I 3 do not -- he did not actually have possession of that 4 firearm. THE COURT: 5 Aiding and abetting, though. 6 Normally that happens in these cases that I've seen in other 7 federal prosecutions. 8 MR. CROW: 9 THE COURT: Yes, Judge. He knew about it. He was the one 10 negotiating the offense, went there with the undercover. 11 how can we -- how can we not go with 924(c), and because he 12 did not possess it, how can we go with the two-level upward 13 adjustment for presence of the firearm? 14 MR. CROW: 15 I did not think the proof was there against Yes, Your Honor. So I understand. 16 Mr. Weatherly. 17 this case. 18 think the Government could prove the charge or I would have 19 included it. 20 I did charge Mr. Silas with the 924(c) in I thought that was warranted. Yeah. I did not As to the safety valve issue, the agreement is 21 that I would not object if Probation found it to be 22 applicable. 23 case so I'm not going to object, but I do understand the 24 Court's concern with the firearm being present. 25 major concern as well entering into that agreement as to I think they're finding to be applicable in this That was my Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 9 of 30 PageID 366 9 1 whether or not they were going to consider that to be -- you 2 know, whether the firearm was possessed because it just says 3 was possessed. 4 So that's where we are. I don't think it says who has to possess it. 5 THE COURT: 6 MR. GERALD: Mr. Gerald, anything? Your Honor, I recall -- and I 7 apologize; I can't locate it right now, but I recall the 8 statement or something in the discovery that Mr. Weatherly 9 prior to them arriving on the scene had advised Mr. Silas, 10 don't bring that gun or something along those lines, 11 discouraged him from bringing the gun; and up until the time 12 that he stepped out of the car to meet with the undercover 13 officer, it was Mr. Weatherly's belief up until that very 14 moment that Mr. Silas did not bring the firearm. 15 can't find that statement in the facts. 16 THE COURT: So I just Well, we'll be in recess and give you 17 an opportunity to find it because I haven't decided how we're 18 proceeding today. 19 MR. GERALD: 20 THE COURT: Very well. This is another situation where a 21 white defendant appears to have been treated differently than 22 African-Americans, and I'm concerned about how we're 23 proceeding in this case. 24 charged, whereas similar facts I believe have been charged 25 with African-Americans; and then when there's small The more serious offense was not Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 10 of 30 PageID 367 10 1 quantities of controlled substance 924(c) is charged and 2 sometimes the Government agrees to drop the drug charges, and 3 the individual ends up with a 60-month sentence. 4 So I'm not sure how we're going to proceed with 5 this case, whether I can accept the plea agreement, and 6 whether we need to set the plea aside and move forward. 7 We'll be in recess. 8 THE CLERK: Court stands in recess. 9 THE COURT: Let me know when y'all are ready. 10 MR. CROW: 11 (Brief Recess.) 12 THE COURT: 13 MR. GERALD: Yes, Your Honor. Okay. Mr. Gerald? Your Honor, just to start out, you 14 had requested that if I found this paperwork, what I actually 15 was remembering was -- and I'll pass that to the Court -- is 16 the affidavit that Mr. Weatherly submitted to the Government 17 and Probation as his role in the offense and so forth in 18 relation to the safety valve in which he said toward the end 19 there, Your Honor, that he had discouraged Mr. Silas from 20 bringing the gun and actually had thought that he had not 21 brought the gun until the very last minute. 22 THE COURT: 23 MR. GERALD: 24 25 When was this affidavit given? Your Honor, I believe Mr. Weatherly signed that affidavit a few days ago, didn't he? The way it worked was he was in Texas, he Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 11 of 30 PageID 368 11 1 e-mailed me an e-mail, and then that was a while back with 2 that statement. 3 Memphis under the marshals' care, I went and met with him in 4 Mason, printed out the e-mail in that form and he signed it. 5 And then when he was transported into So the affidavit was signed just last week or 6 earlier -- yeah, last week -- but would have actually been 7 written a good while back, and I can give you the exact date 8 if you want me to look on my phone as to when I received the 9 e-mail. 10 11 Your Honor, that e-mail was received by me from Mr. Weatherly on October 14th of this year. 12 THE COURT: 13 MR. GERALD: 14 I asked him to submit an affidavit or a statement From Mr. Weatherly? That's correct. 15 of his role in the offense for purposes of the request for 16 the safety valve. 17 THE COURT: 18 MR. CROW: 19 First, I want to apologize to the Court if it's Mr. Crow? Yes, Your Honor. 20 ever appeared that I've -- I or anyone in our office have 21 prosecuted cases on anything but a race-neutral basis. 22 my policy to charge these cases when we think we can prove 23 it. 24 sentences, some in your court. 25 It's I've charged white people and black people with minimum In fact, William Smith is an individual who you Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 12 of 30 PageID 369 12 1 sentenced probably six months ago. He was charged with 2 924(c) and methamphetamine, and we ended up getting -- he 3 ended up getting 96 months, which was what the Government's 4 recommendation was in that case. 5 that black people should get more than white people or vice 6 versa. 7 a -- I think it would be inappropriate and unprofessional to 8 charge people with something that I don't think I can prove. So I've never viewed it Five years is a long time for anyone to get, and it's 9 In this case in particular, this defendant has 10 two co-defendants, Tiffany Tekle and Mario Silas. Mario 11 Silas is the only one I charged with 924(c). 12 is also African-American. 13 about it but at the end of the day I can't prove it. 14 was actually found with the gun in her hand or behind her 15 when the police went in, arrested everyone. 16 she's even more culpable than this defendant who only saw the 17 firearm. Tiffany Tekle I did not charge her. I thought And she So I would say 18 Same thing with Mario Silas's companion case. He 19 was charged together with Kenny Fox and Jonathan Shelton. 20 That's not this case, but I think it's one number different 21 under the case numbers. 22 cases. It's 56 and 57 are his two companion 23 They're both African-Americans. They're both 24 found with small amounts of drugs in a car in that case. 25 didn't charge anybody with a 924(c) because I don't think I I Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 13 of 30 PageID 370 13 1 could prove it. 2 So yeah, anyway, again, I apologize to the Court 3 if you've ever thought that I or anyone in our office is 4 taking race into account in what we charge because that's 5 just not the truth. THE COURT: 6 Mr. Crow, I know it's a serious 7 question that I bring up. We have an individual here who was 8 involved in the drug deal, and I understand the statement 9 that he gave just a couple of weeks ago, the affidavit, but 10 it still doesn't cure the problem that's in the statement of 11 facts in Paragraph 18. 12 drug deal, the co-defendant who got charged with the 924(c) 13 had the gun between his legs. 14 same drug offense, how do you charge one person and not the 15 other? 16 not the person who does the deal? When he got out of the car to do the How do you charge -- for the How do you charge the person sitting in the car and 17 I understand you don't feel you had enough proof 18 to even proceed on aiders and abetters, but it's a difficult 19 question for me, I'll tell you. 20 accusing -- I'm not accusing anyone, but this is not the 21 first time that we've had this conversation even. 22 similar conversation with Ms. Parks last week or the week 23 before last. 24 25 All right. You know, I don't like I had a We're going to go ahead and proceed. I'll hear the recommendations from everyone, but as I always Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 14 of 30 PageID 371 14 1 do, I'll make an independent decision about what the sentence 2 should be in this case. 3 4 You're remaining with your no objection to the safety valve? MR. CROW: 5 6 Yes, Your Honor. Your Honor, that's just a recommendation -THE COURT: 7 In light of the fact he says the 8 co-defendant had the gun between his legs when he gets out of 9 the car to do the deal? MR. CROW: 10 Your Honor, it's just my job to 11 recommend. I think if you don't want to give him the safety 12 valve that's certainly in your power to do that, Judge. THE COURT: 13 You also have to answer my questions 14 about the decisions that you make and your thought process 15 behind the decision. 16 MR. CROW: 17 So I did struggle with that because it says with 18 a firearm was possessed I think is again what the guidelines 19 say. 20 where it says who has to possess the firearm. 21 Probation would, you know, let us know one way or the another 22 what they thought about it. 23 still get the safety valve despite that fact, and that's who 24 I was trying to rely on. 25 Yes, Judge. I've not gotten any clear guidance anywhere I can find I was hoping I think they're saying he should Maybe they're wrong. Maybe I'm wrong, and I know Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 15 of 30 PageID 372 15 1 you'll tell me if I am. THE COURT: 2 As you always know the Court of 3 Appeals is looking over my shoulder right now. 4 hear from Probation. PROBATION: 5 Yes, Your Honor. So let me I believe that when 6 we consider the safety valve and looked at 5C1.2(a)(2), we 7 were looking primarily at the plain language of the 8 guidelines which says the defendant did not use violence or 9 threats of violence or possess a firearm or other dangerous 10 weapon in connection with the offense. 11 So in the plain language of it was -- is just 12 that the Defendant did not do that. So I believe that's what 13 the probation officer was looking at. 14 THE COURT: 15 Well, I'm going to deny the safety valve in this Thank you. 16 case. I just think it's totally inappropriate given the 17 facts that have not been objected to in the Presentence 18 Report. 19 presented by the Defense, but as far as Paragraph 18 is 20 concerned, there were no objections and based upon that, I 21 disagree with Probation as well as the Government and the 22 Defense. 23 in this case in light of the fact that it was a drug deal and 24 the Defendant knew that the firearm was present in a 25 co-defendant's possession when he exited the vehicle and I mean, there are certain clarifications that were It is inappropriate to the apply the safety valve Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 16 of 30 PageID 373 16 1 entered the undercover officer's vehicle as is set out in 2 Paragraph 8. 3 it's clear to this Court an aider and abetter situation. 4 There was a firearm that was used in this, and I'm still not convinced about the decision that 5 the Government makes, but I mean that's the Government's 6 decision as far as prosecutorial discretion is concerned. 7 far as safety valve is concerned, I am not going to apply 8 that. 9 the 3553 factors, the guidelines are as I originally stated, 10 And so that means that as we move forward and consider total offense level of 13. MR. GERALD: 11 12 As Your Honor, may I interrupt? I apologize. 13 THE COURT: 14 MR. GERALD: Uh-huh. I'd like to for a second make sure 15 I'm clear on the basis of the Court's rejection of the safety 16 valve. 17 gun immediately before exiting the vehicle? 18 Is it based on the fact that Mr. Weatherly saw the I would respectfully agree with Probation, 19 Mr. Grandberry, that there's no indication in the facts that 20 Mr. Weatherly possessed the firearm, ever had it in his 21 possession or really near him and that the language of 5C1.2 22 Subsection 2 does specifically say the defendant did not -- 23 and I -- use credible violence or credible threats of 24 violence or possess a firearm or other dangerous weapon. 25 think that's a different standard than aiding and abetting, I Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 17 of 30 PageID 374 17 1 2 and I would ask the Court to reconsider that. The other thing, before the Court completely 3 rejects the safety valve, I would like to discuss with 4 Mr. Weatherly if -- and if the Court will allow it, to hear 5 from Mr. Weatherly, as to his knowledge of the firearm. 6 would argue that if he's getting ready to get out of a car 7 and he sees the car for the first time, I don't know if that 8 actually is aiding and abetting if he's discouraging 9 Mr. Silas from bringing the firearm in the first place into I 10 his belief until that very moment did not believe that there 11 was a firearm in the car. 12 Mr. Weatherly testified to that under oath if that would 13 affect the Court's decision. 14 And I don't know if that's -- if And I will say that the -- and I had this 15 conversation with Mr. Grandberry prior to court -- that the 16 safety valve only really makes a difference of one offense 17 level because of the way the acceptance works. 18 two points for acceptance with the application of the safety 19 valve as opposed to three points if there is no safety valve. 20 So it really only makes a one-level difference. 21 He only gets I would just ask the Court how you wish me to 22 proceed, if you'd like me to ask Mr. Weatherly to take the 23 stand and testify to that; and I want to be clear as to the 24 basis of the rejection of the safety valve. 25 THE COURT: I think I've been pretty clear on the Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 18 of 30 PageID 375 18 1 basis of rejecting the safety valve. Under the law, 2 individuals can possess items, firearms, in more than one 3 way: 4 know that the guideline goes into that for the safety valve. 5 Many a case has proceeded and the law has proceeded that 6 there are different ways to possess. Actual possession and constructive possession. 7 I don't Obviously this was not actual possession. But 8 I -- it's clear in the record, at least the way it is to me 9 right now, that there was constructive possession, and that 10 it was possessed in furtherance of a drug-trafficking 11 offense. 12 Now you can make your record if you want to 13 present proof, your client's testimony, things of that 14 nature. MR. GERALD: 15 16 submission of -- if we can admit that affidavit as Exhibit 1. THE COURT: 17 18 19 20 Well, I think in that regard the We'll go ahead and receive it as Exhibit 1. MR. GERALD: Then that would probably cover any testimony Mr. Weatherly would present. 21 THE COURT: 22 MR. GERALD: 23 (WHEREUPON, the above-mentioned document was 24 25 Okay. That's fine. Thank you, Your Honor. marked as Exhibit Number 1.) THE COURT: We'll go ahead and receive it as Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 19 of 30 PageID 376 19 1 Exhibit Number 1. MR. GERALD: 2 3 Anything further? Not on that topic, Your Honor. Thank you. 4 THE COURT: 5 consideration of the 3553 factors. Let's go ahead and proceed with the 6 First the Government? 7 MR. CROW: Yes, Your Honor. As the Court has 8 noted numerous times already today this was a very serious 9 offense. Any time you sell felony amounts of any drug, 10 especially something like MDMA, it's a serious offense; and I 11 know the Court obviously recognizes that, especially when 12 there are firearms present, whether or not he possessed them. 13 I mean, that obviously does change the severity of how 14 serious it is. 15 drugs when there's guns around. 16 But it's serious regardless if you're selling I have to recognize this Defendant has no 17 criminal history. 18 addict, and that may have led to many of the decisions he's 19 made here. 20 certainly not asking the Court to do that, but I think it's 21 something the Court should consider. 22 I also recognize he's probably a drug Obviously it does not excuse them, and I'm Most concerning to me beyond just the fact that 23 he sold drugs is in Paragraph Number 7 of the Presentence 24 Report, in which he was supposed to be providing a urine 25 sample and it was discovered that the Defendant had a plastic Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 20 of 30 PageID 377 20 1 pouch full of urine and wrapped in a hand warmer pad. The 2 device was taped to the Defendant's abdomen area and a tube 3 and nozzle were attached to the device. 4 beyond just having a drug problem. 5 deceive. 6 Probation but deceive you too, Judge, because you're the one 7 who is going to get to see this eventually. 8 me more than just about anything else in this Presentence 9 Report, and for that reason, I would strongly recommend that That goes above and That shows an attempt to It also shows, you know -- and not just deceive So that concerns 10 he not receive probation or time served, that he in fact 11 receive a guideline sentence. 12 of the guidelines, given his criminal history is enough that 13 will hopefully deter this Defendant from committing future 14 misconduct and hopefully stop doing drugs because that seems 15 to be the basis of many of his problems. 16 what we're asking for Your Honor that is sufficient but not 17 greater than necessary. I think 12 months, the low end So 12 months is 18 THE COURT: 19 Let me hear from the Defense, Mr. Gerald. 20 MR. GERALD: All right. Thank you. I agree with the Government and 21 Mr. Crow that Mr. Weatherly is a drug addict, and if you -- 22 if the Court in referring to Presentence Report Paragraph 3 23 through 15 are all about Mr. Weatherly's drug addiction, drug 24 use, drug rehabilitation, actions of a drug addict, arrest 25 for violations, going all the way to Paragraph 12. Case 2.187cr720057rJTF Document 121 filed 11/29/18 Page 21 of 30 PagelD 378 21 He was 11vlng 1n hotels because wlfe who is present 10 the Courtroom had klcked out of the house. He's a drug and and he needs drug rehabilltatlon. He doesn't necessarlly need vocatlonal tralning. He doesn't need he's got GED, but he needs drug rehab, and he needs the motivatlon and he would tell you that he needs the motlvatlon to go to drug rehab. He needs over his head llke court, the threat of jail, to him that he needs rehab; but it's not just drug rehab that he needs. He also needs mental health counsellng. That's Paragraph 44 of the Presentence Report He needs help. Otherwlse we're golng to see hack, and I belleve and famlly belleves that lf he gets that help we won't see back. He made a mlstake, but the nrstake was based on addictlon, and it's not an excuse hut 1t ls an I that the Court ii a 127month sentence explanation. is more than necessary, more than needed. The only purpose Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 22 of 30 PageID 379 22 1 jail -- he's not going to be in custody long enough to get 2 into the RDAP, the residential drug program. 3 essentially, I believe, about two months credit. 4 30 days in since his previous arrest for pretrial violations, 5 and he had somewhere around 19 days. 6 month and a half time credit, maybe a little more. 7 He's got He's got So he's got about a I'm not sure what he's going to get done in jail 8 in terms of rehabilitation and anything to help us all assure 9 he becomes a productive member of our community given the 10 short timeframe that he's looking at, at least I hope. 11 not sure where the Court's going. 12 I'm But in my humble opinion, jail serves one purpose 13 and that is in this case deterrence, and that is a valid 14 purpose under the guidelines under 3553. 15 case, I would ask the Court to consider because he was prior 16 to -- when the safety valve was -- he was eligible -- I'm not 17 sure he is anymore. 18 eligible for split confinement. 19 He is. However, in this He's a level 13 now. So he is I would ask the Court to consider a split 20 confinement sentence, but something that he would be eligible 21 for -- I believe Mr. Grandberry -- six months. 22 custody followed by six months of home detention. 23 Six months of I don't believe home detention is the answer 24 here. I believe that what he needs is a supervised release 25 violation -- supervised release condition that would mandate Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 23 of 30 PageID 380 23 1 he complete an inpatient drug rehabilitation and counseling, 2 psychological counseling to help him get on track and 3 hopefully stay on track. 4 I would ask the Court to consider a six-month 5 sentence or something with that being the low end, but 6 something in that neighborhood, followed by a period of 7 supervised release with a mandated condition of inpatient 8 treatment. 9 That's what I'm asking the Court to do. I too understand the Court's concerns about the 10 sentencing issues with African-American defendants versus 11 white defendants. 12 country that things are wrong. 13 some of that up now, and they are looking at it specifically 14 in the unfair, if you will, sentencing impact on our minority 15 communities, and I agree with that wholeheartedly. 16 I think there's a general consensus in the I think Congress is taking I don't believe that Mr. Weatherly is someone who 17 deserves, given his role in this offense, given his criminal 18 history, and given the addiction issues as someone who 19 deserves an upward variance or doesn't deserve a downward 20 variance at some sort. 21 I think he needs drug rehabilitation. I know his wife and his parents are here, and I 22 know they would like to briefly address the Court as to 23 Mr. Weatherly in terms of his character also whenever the 24 Court's ready. 25 THE COURT: I'm ready now. Why don't you bring Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 24 of 30 PageID 381 24 1 them forward. Mr. Weatherly, have a seat over here. 2 MR. GERALD: 3 THE COURT: 4 Is up here okay with the Court? Okay. I'd like to place you under oath and then I'm happy to hear from you. 5 (Ms. Heydari sworn in.) 6 THE COURT: 7 for the record, please, spell it, and I'm happy to hear from. MS. HEYDARI: 8 9 If you would please, state your name Sarah Heydari, S-A-R-A-H, H-E-Y-D-A-R-I. 10 As far as this new thing about the gun, I 11 suppose, just -- Jared really values life probably more than 12 I've ever met anyone really value life, and I mean, he 13 wouldn't even kill a snake. 14 just a wonderful person. 15 little girl. 16 that's -- you know, he has had to endure along with anyone 17 that comes in and out of these doors, you know, I think they 18 just need some sort of rehab of some kind. 19 I had to. And I promise, he's He's been absolutely amazing to my She loves him. And I know that like everything I know that like he's just -- there is a chance 20 if he goes to prison he's just going to come back. 21 believe that. 22 treatment and help, I think he would be a wonderful person or 23 a better person and serve his community. 24 a very valuable asset. 25 I do And I do believe that with the proper mental I think he could be And, I mean, he's extremely smart. I think he Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 25 of 30 PageID 382 25 1 just needs a little more guidance and just the tools that I 2 don't think, you know, prison can provide him, and that's 3 with any person dealing with some sort of addiction of any 4 kind. 5 please, I would -- I really need him to be able to stay on 6 the right track, and I don't think prison is going to keep 7 him from doing that. 8 So that's really all I have to say. 9 THE COURT: 10 You can't just -- if it's an option to give him rehab, today. It's going to keep him just going off. All right. Thank you for coming down I really appreciate it. 11 MR. GERALD: 12 THE COURT: If I could have a quick second. Come forward. If you would please -- 13 again, I'd like to place you under oath and then get your 14 name on the record. 15 hand. 16 (Ms. Weatherly sworn in.) THE COURT: 17 18 So if you would please raise your right You need to speak just a little louder. 19 MS. WEATHERLY: 20 THE COURT: 21 22 23 24 25 I'm sorry. If you could please state your name for the record, please, and spell your name. THE WITNESS: It's Lisa Weatherly, W-E-A-T-H-E-R-L-Y. I realize that my son has pled guilty to the charge of conspiracy to distribute a controlled substance and Case Document 121 filed 11/29/18 Page 26 of 30 PageiD 383 26 1 this is a serious crime. I just wanted to mention a few 2 things that my son has gone through in his life that most 3 people couldn't deal with. 4 Between the ages of 24 and 30, he lost a baby 5 girl at two and a half months, and a couple of years later 12 is too much for anyone to wrap their head around, and Jared 13 suffered from a lot of depression and anxiety and panic 14 attacks Since that time, and it's just my hope that his 15 sentence will include some type of mental health evaluation 16 and they can flgure out what treatment he needs to cope with 17 llfe and everything that he's been through in a more positive 15 manner, and I just hope the Court will consider all this when 19 sentencing him. And we love and support our son and we thank 20 you for your time. 21 THE COURT: Thank you, Ms. Weatherly. 22 MR. GERALD: Your Honor, that would conclude any 23 testimony. 24 THE COURT: All right. 25 MR. GERALD: I would also add and one thing I Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 27 of 30 PageID 384 27 1 forgot to tell -- advise the Court is that upon his arrest 2 Mr. Weatherly immediately waived his Miranda rights and gave 3 a full inculpatory statement. 4 accepted responsibility from the initial arrest all the way 5 to today. So he has been -- he has 6 I have nothing further, Your Honor. 7 THE COURT: 8 Mr. Weatherly, as I told you before, you do have 9 All right. Thank you. the right to make a statement today. It is your hearing 10 today. You don't have to if you don't want to, but if 11 there's something you want to say, something that will help 12 me in the decision I'm about to make, I'm happy to hear from 13 you. 14 15 If you do want to make a statement, I need to place you under oath. Anything you want to say? MR. GERALD: 16 Your Honor, he's written out a 17 statement, and he would like me to read it if that's okay for 18 the Court. THE COURT: 19 20 He's a nervous wreck. That's fine. You can go ahead, Mr. Gerald. 21 MR. GERALD: 22 He would state, I've been clean the longest I'm going to -- 23 period of my adult life. What is now clear to me I've just 24 been afraid for a long time to live. 25 past for too long and now I have this overwhelming clarity. I've been stuck in my Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 28 of 30 PageID 385 28 1 I've been blessed in many ways -- so many ways that I could 2 not even see all because of fear. 3 family anyone could ask for. 4 beautiful wife any man could ever imagine, the cutest and 5 smartest stepdaughter and a mother I put through hell and has 6 at no point ever doubted who I really am and always believed 7 in me, even long after I had given up on myself. 8 9 I have the most loving I have the most amazing, But most of all I want to prove to myself and this Court and my family that all this is the past and that 10 this man standing here today is and will continue to reach 11 his potential in a positive way. 12 So he's basically -- and then -- we discussed and 13 he would also add that he would like some type of rehab 14 regardless of when that occurs, and that as an addict he's of 15 no benefit to his family whatsoever. 16 Is that accurate? 17 THE DEFENDANT: 18 THE COURT: Anything further? 19 MR. GERALD: No, Your Honor. 20 THE COURT: 21 Mr. Crow, anything further? 22 MR. CROW: 23 THE COURT: 24 under advisement. 25 presented to me today. Yeah. Okay. Thank you. No, Judge. All right. I'm going to take it I'll consider everything that's been I'll make the final decision when we Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 29 of 30 PageID 386 29 1 come back. Mr. Herrin, I need for you to find a date 2 hopefully some time in December, but if not, we may need to 3 go over into January. 4 THE CLERK: Tuesday, December 18th, 11:00 a.m. 5 THE COURT: How does that sound? 6 MR. CROW: 7 MR. GERALD: That should be fine, Your Honor. That sounds good. I have a trial 8 set in Jackson, but I anticipate my client pleading guilty 9 tomorrow. 10 So, if that changes, I will notify the Court immediately. 11 THE COURT: 12 Otherwise I'll see everybody back on that date 13 All right. and I'll make the final decision at that time. MR. GERALD: 14 15 Okay. And, I'm sorry, what was the time of day? 16 THE CLERK: 11:00 a.m. 17 THE COURT: Let's go ahead and adjourn court. 18 (Adjournment.) 19 20 21 22 23 24 25 Case 2:18-cr-20057-JTF Document 121 Filed 11/29/18 Page 30 of 30 PageID 387 30 C E R T I F I C A T E 1 2 3 4 I, LISA J. MAYO, do hereby certify that the 5 foregoing 30 pages are, to the best of my knowledge, skill 6 and abilities, a true and accurate transcript from my 7 stenotype notes of the SENTENCING HEARING on 29th day of 8 November, 2018, in the matter of: 9 10 11 United States of America 12 vs. 13 JARED WEATHERLY 14 15 Dated this 11.29.18. 16 17 18 19 20 21 22 23 24 25 S/Lisa J. Mayo LISA J. MAYO, LCR, RMR, CRR Official Court Reporter United States District Court Western District of Tennessee