JUDITH C. HERRERA, District Judge.
Proceedings reported by stenotype.
Transcript produced by computer-aided transcription.
THE COURT: All right. Next is USA versus Griego, Case Number 14-CR-591.
MS. HENDERSON: Good morning, Your Honor. Shammara Henderson for the United States.
MR. FOOKS: Good morning, Your Honor. Devon Fooks on behalf of Mr. Griego.
THE COURT: Good morning to both of you — to all of you, I guess.
Well, we are here today on sentencing.
Mr. Fooks, have you had a sufficient opportunity to review the presentence report with the defendant?
MR. FOOKS: I have, Your Honor. And Mr. Griego has not alerted me to inconsistencies or incorrect information on the presentence report.
I did note one small correction or error that was made.
THE COURT: Has that been resolved?
Did you bring it to probation's attention?
MR. FOOKS: I did tell them.
THE COURT: Okay.
MR. FOOKS: I told them while Your Honor was hearing the other case, because I wasn't sure.
And I also let Ms. Henderson know as well.
The error is minor, but when I calculated Mr. Griego's criminal history points, I came up with 15 points as opposed to 16 that the — that probation calculated and included in paragraph, I believe, 55 of the presentence report, I think.
THE COURT: Uh-huh.
MR. FOOKS: So we would object to paragraph 55. I think that the criminal history score should be 15. And accordingly, we would then also object to paragraph 57, when adding the two points.
Pursuant to USSG Section 4A1.1D, if you add two points to the — what I believe is the correct score of 15, paragraph 57 should say the total criminal history score is 17.
THE COURT: All right.
Any comment? I'll ask Ms. Padilla as well.
But, Ms. Henderson?
MS. HENDERSON: Your Honor, I did recount the points again, once Mr. Fooks pointed that out to me, and I came up with 15 and 17 as well, Your Honor.
THE COURT: Okay.
Ms. Padilla?
THE PROBATION OFFICER: Your Honor, that — that is correct.
I will make one note, though, that there is a total of 15 points. I apologize to the Court and to the parties.
However, only a total of four points can be counted under USSG 4A1.1C. So really, the subtotal is 14, and then two additional points for being under a criminal justice sentence.
His total points will be 16 points.
THE COURT: All right. And now, does — so it doesn't change the criminal history category?
THE PROBATION OFFICER: No, it does not, Your Honor.
THE COURT: Okay.
MR. FOOKS: And it's an 11(c)(1)(C) plea agreement.
THE COURT: And it's 11(c)(1)(C), right.
MR. FOOKS: So it's a —
THE COURT: So I — I guess I agree with you, when you said at the beginning that it was a minor correction. But —
MR. FOOKS: It's minor. It makes no difference.
THE COURT: But it is noted, in any event. Thank you.
With that, then, the Court will adopt the factual findings that are contained in the presentence report.
No evidentiary hearing will be necessary today.
And as noted, it is an 11(c)(1)(C) plea agreement, which calls for a specific sentence of 120 months.
And I have reviewed everything in this case, everything that's been presented. I am inclined to accept the plea agreement.
So if you have any additional comment or argument, you may proceed.
MR. FOOKS: I do not have any additional comment or argument.
I know that Mr. Griego spent quite a bit of time and wanted to address the Court by way of a letter that he wrote.
He has asked that I read it.
THE COURT: Okay. So you're going to read a letter that was prepared by the defendant?
MR. FOOKS: It was, Your Honor.
THE COURT: Okay. Go ahead.
MR. FOOKS: (Reading) Dear Judge Herrera.
My name is Reynaldo Griego, and I would like to address the Court.
First off, I would like to apologize to you and to my family for hurting them by putting them through all of this pain and suffering that I have put everyone through with the bad decisions I was making out there trying to burn people and hustling to support my addiction to heroin.
I am truly sorry to everyone I have hurt. I feel really sorry for letting my family down and for letting my community down.
I just hope that the people who I have hurt and let down — the people I have hurt and my family, who I have let down, I hope and pray that one day they can forgive me for letting everyone down.
When I was — when I — when I get out and have this behind me, I would like to become a youth counselor to help troubled teens.
I would like to take classes and better myself and give back instead of — instead of always having — taking and hurting people.
I want to make a change and help troubled youth, help them to make better decisions, and teach them to make better choices than the ones I have made, so they do not put their family members through the same thing.
I truly apologize to you, Your Honor, and to everyone I have hurt and I have let down.
Thank you for taking the time to hear me, Your Honor.
Sincerely, Rey Griego.
THE COURT: All right. Thank you.
THE DEFENDANT: Thank you, Your Honor.
THE COURT: And, Mr. Griego, I listened carefully to everything that you put in the letter. But if there's anything else that you'd like to say, you have that opportunity at this time.
THE DEFENDANT: I just want to apologize to you, everybody I've hurt. I know this — this isn't my first time, and I'm — I'm — I made bad decisions, and I just want to get all of this behind me after I get out.
THE COURT: All right. Thank you, Mr. Griego.
Ms. Henderson?
MS. HENDERSON: Your Honor, if you don't have any questions for me, I won't go at length into any of the details of the case. I know it's all outlined in the PSR.
Mr. Winterbottom has spent a lot of time in working on this case and determining an appropriate amount of time for jail in this matter, considering the circumstances of this specific case along with his criminal history, so we would ask that you accept the 11(c)(1)(C) agreement in this case.
THE COURT: All right. Thank you.
And I will accept the 11(c)(1)(C) plea agreement.
You know — you do have a significant history and, you know, lots of drug-related convictions. You have probation violations on your — in your history.
I noticed maybe a couple of shoplifting convictions, battery. I mean, that's a lot of stuff.
And there were lots of — lots of charges that were dropped over the years. So — so I know that you've dealt with things like this in the past, you know, courts and jail and probation officers and the whole — the whole nine yards.
But really, the — the apologies that you've made today and the goals that you told me that you have for yourself will really only mean something if you — if you see them through.
You'd be surprised — I mean, I sentence a lot of people. I see people in court a lot. And you'll be surprised at how many people don't seem to have goals.
And it seems to me that if you really mean it, and if you have every intention of turning your life around to the point that you actually can help young people that are facing a lot of these kinds of choices, all of that really begins from within you and the goals that you've set for yourself.
I think they're fine goals. But for you to see them through is going to take some determination on your part.
Now having said that, you're going to be on supervised release after you're released from prison. And I — and I'm going to impose certain conditions, things that you're going to have to do in order to succeed in supervised release.
Now all of those things, I hope you take — take them in a very positive light. People are going to be here to try to help you to succeed.
Probation, they're going to make resources available to you that are intended to help you succeed. If you — if you truly want to come out of this in a positive way, then you'll have resources to — to try to help you get there.
But it's — but it's going to start from within you. And so I hope that you — I hope that you succeed. I hope I don't see you in court anymore, and I hope that the decisions that you make in the future, that you do keep in mind your family and people who you have hurt, because I'm sure that it's not a nice feeling. I'm sure that you want better for yourself.
So I just — you know, I hope that you're able to see yourself through — through this and make — make the life for yourself that you want.
So the Court has reviewed the presentence report factual findings.
The Court has considered the sentencing guideline applications and the sentencing factors that are set fourth in 18 United States Code Section 3553(a) (1) through (7), including the finding that the defendant is a career offender.
Now the offense level is 31 and the criminal history category is VI, establishing a guideline imprisonment range of 188 to 235 months.
However, under Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure, the Court accepts the plea agreement which includes a specific sentence of 120 months.
The Court is satisfied that the agreed sentence is justified.
The Court notes the defendant conspired with two co-defendants to sell 19.2 grams of methamphetamine in actual weight to an undercover officer in Bernalillo County.
So as to Count 1 of superseding indictment 1:14-CR-00591-001 JCH, the defendant, Reynaldo Griego, is committed to the custody of the Bureau of Prisons for a term of 120 months.
The Court recommends that the defendant participate in the Bureau of Prisons 500-hour drug and alcohol treatment program.
The defendant is placed on supervised release for a term of four years.
The defendant must comply with the standard conditions of supervised release and the following mandatory conditions:
The defendant must not possess a firearm, ammunition, destructive device, or any dangerous weapon.
The defendant must corporate in the collection of DNA, as directed by statute.
The following special conditions will also be imposed:
The defendant must participate in and successfully complete an outpatient substance abuse treatment program approved by the probation officer, which may include testing.
The defendant is prohibited from obstructing or attempting to obstruct or tamper in any fashion with the collection, efficiency, and accuracy of any substance abuse testing device or procedure.
The defendant may be required to pay a portion of the cost of treatment and/or drug testing as determined by the probation office.
Now, the Court is imposing this special condition based on the defendant's history of heroin and methamphetamine abuse.
The defendant must also submit to a search of the defendant's person, property, or automobile under the defendant's control, to be conducted in a reasonable manner and at a reasonable time, for the purpose of detecting firearms and ammunition or any illegal substances or any other contraband, at the direction of the probation officer.
The defendant must inform any residents that the premises may be subject to a search.
Now, the Court is imposing this special condition in order to help the — help monitor the defendant's compliance with supervised release and also compliance with the law.
The defendant must refrain from the use and possession of alcohol and other forms of intoxicants.
The defendant must refrain from the use and possession of synthetic cannabinoids or other legally sold designer drugs.
And these special conditions are imposed in order to assist the defendant in maintaining complete sobriety while in substance abuse treatment.
The defendant must participate in and successfully complete an outpatient mental health treatment program approved by the probation officer.
And the defendant may be required to pay a portion of the cost of this treatment, to be determined by the probation officer.
And the Court is imposing this special condition based on the defendant's mental health history.
Based on the defendant's lack of financial resources, the Court will not impose a fine.
The defendant will pay a special assessment of $100, which is due immediately.
And lastly, the Court finds that pursuant to the plea agreement, the defendant waives the right to appeal the final sentence imposed by this Court under 18 United States Code Section 3742(a).
So, Counsel, is there any reason that sentence should not be imposed as I have stated it?
MS. HENDERSON: Nothing from the government, Your Honor.
THE COURT: Mr. Fooks?
MR. FOOKS: Nothing with regard to the sentencing, Your Honor.
Mr. Griego did want to make a request regarding his incarceration.
THE COURT: Okay.
MR. FOOKS: And he would prefer, if he would be allowed, to serve his time either at FCI Terminal Island, Lompoc, or Victorville, Your Honor.
THE COURT: Okay. And is there a reason for those requests? Sometimes it helps if there's —
MR. FOOKS: I'm sorry, Your Honor. I didn't — I said Victorville. I meant to say FCI Safford, which is in Phoenix. I apologize.
THE COURT: So Terminal Island, Lompoc, or Safford?
MR. FOOKS: Safford.
THE COURT: Okay. And is there a reason for these requests?
MR. FOOKS: Well, he wants to be close to family. But he also, as Your Honor is aware, has done time previously in the federal system, specifically at FCI Florence.
He has — he's concerned about going to FCI Florence. It's likely that there's still people there that he knows. And in an effort to keep himself out of trouble and out of the type of situations that landed him where he is now, he would rather be away from FCI Florence.
He's trying to get as far away as possible, so that's why he chose the two locations in — in California.
However, if Your Honor feels more comfortable having him closer to home where his family is, that's what he requests.
THE COURT: The only reason I ask is because we make recommendations only. They don't necessarily follow our recommendations. And sometimes, if we have reasons for the recommendations, they take those reasons into consideration. So that's the only reason I was asking.
But I will make the recommendation for Terminal Island, Lompoc, or Safford, so that he can be somewhat close to family, but also be away from some of the influences that he was exposed to in Colorado.
MR. FOOKS: And I also would like to put on the record, Your Honor, in my conversation with Mr. Griego this morning, he informed me that the husband of one of his co-defendants is at FCI Black Canyon. So that's specifically —
THE COURT: So he wants to be away from those two institutions for those reasons.
Okay. Well, the Court will make the recommendation. I don't know whether the Bureau of Prisons will accommodate the recommendation, but I'll make the recommendation, nonetheless.
MR. FOOKS: We appreciate it.
THE COURT: All right. So the Court will order sentence imposed as stated.
MR. FOOKS: Thank you, Your Honor.
THE COURT: Thank you for your appearance today.
MS. HENDERSON: Thank you, Your Honor.
May I be excused?
THE COURT: You may.
(Proceedings concluded at 10:08 a.m.)
I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. I further certify that the transcript fees and format comply with those prescribed by the Court and the Judicial Conference of the United States.
