James Everett Dutschke Sentencing Transcript

Case: 1:13-cr-00081-SA-DAS Doc #: 83 Filed: 09/02/14 1 of 22 PageID #: 463
1 UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF MISSISSIPPI
2 EASTERN DIVISION
3
UNITED STATES OF AMERICA PLAINTIFF
4
VS. NO. 1:13CR81
5
JAMES EVERETT DUTSCHKE DEFENDANT
6
7 SENTENCING
8
BEFORE HONORABLE SHARION AYCOCK
9 UNITED STATES DISTRICT JUDGE
10
Aberdeen, Mississippi
11 May 19, 2014
12
APPEARANCES:
13
For the Government: WILLIAM CHADWICK LAMAR, Esquire
14 JAMES CLAYTON JOYNER, Esquire
CLYDE McGEE, IV, Esquire
15 U.S. Attorney's Office
Northern District of Mississippi
16 900 Jefferson Avenue
Oxford, MS 38655
17
D. ANDREW SIGLER, Esquire
18 U.S. Department of Justice
National Security Division
19 950 Pennsylvania Avenue, NW
Washington, DC 20530
20
For the Defendant: KENNETH H. COGHLAN, Esquire
21 STUART DAVIS, Esquire
Rayburn Coghlan Law Firm
22 P.O. Box 1360
Oxford, MS 38655
23
Court Reporter: PHYLLIS K. McLARTY, RMR, FCRR, CCR
24 301 West Commerce Street
Aberdeen, MS 39730
25 662-369-1017
2
1 (10:35 A.M.)
2 THE COURT: You may call the case.
3 COURTROOM DEPUTY: Court calls Case Number 1:13CR81,
4 United States of America versus James Everett Dutschke for
5 sentencing.
6 THE COURT: Thank you. This morning, we have this
7 matter reset for sentencing. Representing the government in
8 this proceeding is Clay Joyner, Chad Lamar, and Clyde McGee,
9 Assistant United States Attorneys, and also Andrew Sigler with
10 the Department of Justice.
11 Ken Coghlan represents the defendant. Seated at
12 counsel table with Mr. Coghlan is his associate, Stuart Davis,
13 and as well as the defendant, Mr. Dutschke.
14 And I have some agency personnel in the courtroom
15 representing the FBI. I have Brandon Grant and Stephen
16 Tomlinson. And representing Secret Service I have Brad
17 Dickerson.
18 Counselors, if you will bring forward Mr. Dutschke and
19 whomever -- Mr. Lamar.
20 (PARTIES COMPLY.)
21 THE COURT: Let the record also reflect that Kimberlee
22 Hatter is our probation officer, and she is in the courtroom,
23 as I'm attempting to find in my stack of documents the
24 objections that we dealt with last week.
25 Counselors, let me recap just a moment for the record
3
1 what brings us back here today and some time lines that are
2 involved that may be important for purposes of spreading on the
3 record and then to -- I do need to address some documents that
4 I have received from Mr. Dutschke.
5 As all of you are aware, this matter was set for
6 sentencing on the 13th day of May, and at that sentencing
7 hearing, the Court entertained the -- a number of objections,
8 perhaps some 30 or so objections, that had been raised by
9 Mr. Dutschke, and the Court had an opportunity to go through
10 those objections and rule on the objections.
11 Just for the record, are there any other objections
12 that need to be addressed for purposes of sentencing,
13 Mr. Coghlan?
14 MR. COGHLAN: No, Your Honor.
15 THE COURT: Mr. Lamar?
16 MR. LAMAR: No, ma'am. No thank you.
17 THE COURT: Okay. As that hearing proceeded,
18 Mr. Dutschke was given an opportunity for allocution, something
19 that I think I perhaps referred to as his opportunity to speak
20 or his speech.
21 And Mr. Dutschke was given an opportunity to speak for
22 about 30 minutes to address concerns that he had about his
23 case. And he had written his comments, and the Court allowed
24 him to file a copy of the comments, and that was made a part of
25 the record at the sentencing hearing.
4
1 Correct, Mr. Coghlan?

2 MR. COGHLAN: Yes, Your Honor.
3 THE COURT: And so that is on the record. During the
4 speech or the allocution by Mr. Dutschke, he made several
5 statements that the Court perceived -- believes were attempts
6 to recant his testimony, to change his plea.
7 Mr. Coghlan made it clear to the Court at some point
8 that Mr. Dutschke had not requested that he file a motion to
9 allow him to withdraw the plea. That was discussed during the
10 hearing, that there had, indeed, been no motion filed by the
11 defendant to withdraw the plea.
12 But, nevertheless, the Court became concerned and
13 expressed that concern to Mr. Dutschke and the attorneys, that
14 it appeared that the statements made by Mr. Dutschke were, in
15 effect, a change of plea or words very close to recanting his
16 change of -- his plea of guilty.
17 It became almost -- and I use these words very
18 carefully, because I don't mean to imply them in the sense that
19 it would be a factor that the Court considered if an actual
20 motion had been filed, but there were statements that were very
21 close to an assertion of innocence.
22 And so the Court gave Mr. Dutschke an opportunity to
23 confer with Mr. Coghlan for about 30 minutes, and we ended up
24 not sentencing Mr. Dutschke.
25 The Court, at the conclusion of the sentencing
5
1 hearing, advised Mr. Dutschke that if he desired to withdraw

2 his plea, that he should file a motion, a written motion. That
3 motion would be responded to in writing by the government, and
4 then the Court would have the opportunity to see the motion and
5 the response and to take into consideration what I did not
6 refer to at that time but what all you attorneys know are the
7 Carr factors under the Fifth Circuit precedent. That was on
8 Tuesday.
9 On Friday, 16th -- May 16th, Friday morning, I
10 received notice from Mr. Coghlan's office that Mr. Dutschke
11 desired to go forward with sentencing. Ms. Kline, my law
12 clerk, then undertook to start contacting the attorneys,
13 probation, U.S. Marshal Service, all of those parties that were
14 going to be involved in a resentencing, and this resentencing
15 was set for today at 10:00 pursuant to a notice that was filed
16 on Friday, the 16th, at 2:56 p.m. So we're here for sentencing
17 of Mr. Dutschke.
18 Last Wednesday, May 14th, the Court received some
19 correspondence from Mr. Dutschke. As I recall, Mr. Dutschke
20 mentioned in his allocution that -- I should strike that,
21 because I'm not sure that it was part of the allocution, but at
22 some point during comments made by Mr. Dutschke to the Court on
23 Tuesday, he mentioned that he had sent a letter and some
24 correspondence to the Court.
25 I had not received it at that point. I had not read
6
1 it, so I did not know what was contained in it, but I received
2 that the following day, on the 14th. And I think, Counselors,
3 the first thing we need to do is address what the Court
4 received.
5 Mr. Dutschke, I received a three-page statement. I
6 won't call it a letter, because it's not addressed to me, and
7 it's not signed by Mr. Dutschke, but it is a typed
8 handwritten -- excuse me -- a typed statement, and this is an
9 argument regarding the science of ricin. That's your statement
10 to the Court?
11 THE DEFENDANT: Yes, ma'am. I should have signed it
12 too. I'm sorry.
13 THE COURT: And along with the package received
14 was copies of removal of cases under Title 28, U.S.C.,
15 Section 1446, and there were some highlighted portions, and you
16 sent this to the Court as well. Is that correct, Mr. Dutschke?
17 THE DEFENDANT: Yes, ma'am. That was before I read
18 1442. Sorry.
19 THE COURT: Thank you. The Court received also three
20 documents that are styled "Motion for Removal of Cases from
21 State Court." I received one that -- on the last page of one
22 of the motions reference requests as part of the relief sought,
23 that Mr. Dutschke desires and requests the United States
24 District Court to remove from state court the Lee County
25 Circuit Court Cause Number 37 -- excuse me -- CR-13-327.
7
1 And there was one filed for -- an identical motion

2 filed for CR-13-327, an identical removal motion filed in --
3 THE DEFENDANT: 363.
4 THE COURT: -- 363, and the other Cause Number is 364,
5 I believe.
6 THE DEFENDANT: I -- I think so.
7 THE COURT: 363 and 364.
8 THE DEFENDANT: Yes, ma'am.
9 THE COURT: Now, I read those. To my belief, they
10 were identical removal motions. So, technically, the Court has
11 before it this morning motions that have not been filed but
12 motions that have been sent to the Court, again, styled "Motion
13 for Removal of Cases from State Court."
14 So, Mr. Coghlan, I'm going to ask that you confer with
15 Mr. Dutschke, and in light of his desire to be sentenced this
16 morning, does he, A, desire to have the Court file these three
17 motions, at which point I will rule on them this morning, or in
18 light of his announcement that he wishes to be bound by the
19 plea agreement, does he wish to withdraw these three motions?
20 MR. COGHLAN: I've already conferred with him in that
21 regard, Your Honor, and he's indicated to me that he does not
22 wish that those motions be filed.
23 THE COURT: Thank you.
24 MR. COGHLAN: And to the extent necessary, we'd
25 withdraw any such request if the Court considered that to be a
8
1 request earlier.
2 THE COURT: Thank you. I believe that addresses the
3 correspondence received on Wednesday by the Court.
4 And now let's talk about the fact that this is a
5 sentencing hearing, and the Court has not had an opportunity to
6 have counselors and Mr. Dutschke before the Court since last
7 Tuesday, so I'm interested in the desired change here.
8 Why is it and how is it that we are back for
9 sentencing, Mr. Coghlan?
10 MR. COGHLAN: Your Honor, I've -- since the sentencing
11 or the hearing we had last Tuesday, I have met with
12 Mr. Dutschke. Mr. Dutschke has indicated to me that he does
13 not want to withdraw his pleas of guilty, that he reaffirms the
14 plea agreement that he entered into, that he wishes to go
15 forward and be sentenced pursuant to that plea agreement.
16 Your Honor, to give this a little background or
17 context, Mr. Dutschke has already, I believe in January, but he
18 has -- prior to today's date, he has also entered three guilty
19 pleas in Lee County, Mississippi, to fondling charges, and the
20 plea agreement in this case discusses concurrent sentences and
21 where he would serve his term of imprisonment.
22 And, Your Honor, I'm not in any way saying this is an
23 Alford plea. We're not trying to change this to an Alford
24 plea, but I am saying that Mr. Dutschke, not only because of
25 his previously entered plea of guilty in this case, also
9
1 believes that the joint resolution of the state case and the
2 federal case are, in fact, in his best interest as well.
3 And he informs me that he wishes to proceed with his
4 plea agreement, ratifies his plea agreement, reaffirms his plea
5 agreement, and with the exception he has asked me to again make
6 a notation for the record that he objects to any sentence other
7 than incarceration in this case, feeling that the terms of the
8 plea agreement do not cover anything other than incarceration.
9 With that one reiteration of the objection the Court's
10 already ruled on, it's my understanding he is now ready for the
11 Court to pronounce sentence.
12 Is that right, Mr. Dutschke?
13 THE DEFENDANT: That's -- that's correct.
14 THE COURT: Mr. Dutschke, pursuant to that
15 announcement, do you affirm to me that you do not wish to
16 withdraw your pleas of guilty on Counts 1, 2, 3, and 4?
17 THE DEFENDANT: That's right, Your Honor.
18 THE COURT: And is it your desire to be bound by the
19 plea agreement and the plea supplement?
20 THE DEFENDANT: Yes. Yes, Your Honor. The plea --
21 THE COURT: And --
22 THE DEFENDANT: Yes, sir -- yes, ma'am.
23 THE COURT: And do you reaffirm the agreement that you
24 agreed to in the plea agreement and plea supplement? Do you
25 reaffirm and ratify that agreement?
10
1 THE DEFENDANT: Yes, ma'am.

2 THE COURT: Thank you. Mr. Dutschke, to be cautious,
3 the Court is going to give you an opportunity that if you wish
4 to make any additional statements, you may do so.
5 THE DEFENDANT: I think it would probably be best if I
6 don't.
7 THE COURT: Thank you, sir.
8 Okay. Mr. Lamar, would you, for the benefit of the
9 Court and the record, briefly restate the plea agreement and
10 the plea supplements to where, again, I'll have an opportunity
11 for Mr. Dutschke to hear the terms briefly so that he will
12 understand that is what the Court is about to undertake, and
13 I'll tell you the reasons why.
14 You may proceed.
15 MR. LAMAR: Yes, ma'am.
16 Your Honor, James Everett Dutschke agreed to and has
17 entered a plea of guilty to Counts 1, 2, 3, and 4 of the
18 superseding indictment.
19 In summary, those charges are the manufacture,
20 production, and possession of a biological agent, that is,
21 ricin, for use as a weapon, and then by mailing threatening
22 communications to the President of the United States, to
23 Senator Roger Wicker, and to Justice Court Judge Sadie Holland.
24 He understands the maximum possible penalties.
25 The United States has agreed not to charge him with
11
1 any other offenses arising from or related to any of the

2 charges in the indictment and agrees to dismiss the remaining
3 counts of the indictment, which will be 5 and 6, Your Honor.
4 He understands this agreement doesn't bind any other
5 state or federal district. It doesn't bind the Attorney
6 General of the United States regarding civil or criminal tax
7 matters. He understands this does not bind the United States
8 or any departments or agencies with regard to any civil or
9 administrative actions or remedies.
10 He is expressly waiving and has waived any and all
11 rights to appeal the conviction and/or sentence imposed in this
12 case and the manner in which sentence was imposed on any ground
13 whatsoever, including but not limited to 18 U.S.C., Section
14 3742.
15 He also expressly waives all rights to contest or
16 collaterally attack the conviction and/or sentence and the
17 manner in which sentence was imposed in any post-conviction
18 proceeding, including, but not limited to, motions brought
19 pursuant to 28 U.S.C., Section 2255, excepting only grounds
20 where allegations of ineffective assistance of counsel. He's
21 waiving these rights in exchange for the concessions and
22 recommendations made by the United States.
23 He understands if he violates this agreement, any
24 statements he has made today or in the past will be used
25 against him, the Federal Rules of Evidence and Federal Rules of
12
1 Criminal Procedure notwithstanding, and, in that event, he may

2 be prosecuted for any and all federal offenses, including
3 perjury and making false statements.
4 Your Honor, with regard to the plea supplement,
5 there's a sentence agreement at Paragraph 4. The United States
6 and the defendant agree, pursuant to Rule 11(c)(1)(C), Federal
7 Rules of Criminal Procedure, that the sentence of imprisonment
8 in this case shall be 300 months.
9 The State of Mississippi has also agreed to run their
10 sentence in Lee County Circuit Court in Cause Numbers -- and
11 I'll just read the last three numbers -- 327, 363, and 364
12 concurrent to that sentence. And the parties agree that the
13 sentence will be served in federal custody.
14 He understands that if the Court did not accept this
15 agreement, that he would not be bound by it and could withdraw
16 from it. Otherwise, there's no agreement as to the sentence to
17 be imposed, which is in the sole discretion of the Court
18 subject to the Federal Sentencing Guidelines and any statutory
19 mandatory minimums.
20 Both parties reserve and have reserved their right to
21 speak at sentencing.
22 Your Honor, in summary, that's the plea agreement that
23 we entered into, was executed by the parties, and was entered
24 on a previous date.
25 THE DEFENDANT: January 16th.
13
1 MR. LAMAR: January 16th.

2 THE COURT: Okay. Mr. Dutschke, those are the terms
3 of which you agree to be bound?
4 THE DEFENDANT: It is, Your Honor. I only have an
5 issue with that Paragraph 4. It says "shall be 300 months,"
6 and then there's a period after that. It doesn't say shall be
7 300 months plus 5 more years of post-supervision. I --
8 THE COURT: I understood that to be an objection at
9 the hearing on the 13th, and I've ruled regarding that
10 objection, but I understand that that is your concern.
11 Okay. Counselors, if there's nothing more, I'm going
12 to proceed to sentencing. Anything else that needs to be
13 addressed?
15 MR. LAMAR: No, ma'am.
16 THE COURT: The Court has ruled on all the objections.
17 And I've made inquiry today if there are any additional
18 objections, and I am reminded by Mr. Coghlan that Mr. Dutschke
19 continues to object to any term of incarceration other -- any
20 term of sentence or judgment other than one of incarceration.
21 That has just been referenced by Mr. Dutschke,
22 particularly in regard to supervised release, and I do intend
23 to place you on supervised release.
24 Though it was not addressed specifically in the plea
25 agreement or plea supplement, I'll assure you that it is
14
1 consistent with the policy in federal court that you be placed

2 on some term of supervision following any term of imprisonment,
3 and the Court continues to adopt that policy.
4 All matters regarding objections have been addressed.
5 No count of conviction carries a mandatory minimum
6 sentence in this case.
7 Based upon the Court's previous ruling regarding the
8 acts of terrorism objection, the Court did sustain that
9 objection in the defendant's favor, making the total offense
10 level 42 and the criminal history category II. An imprisonment
11 range on Count 1 of 360 months to life; and on Counts 2 and 4,
12 60 months under the guidelines; on Count 3, restricted
13 guideline range of 120 months. Supervised release range under
14 the guidelines would be Count -- on Count 1, 2 to 5 years;
15 Counts 2 and 4, 1 to 3 years; with a fine range under the
16 guidelines of 25,000 to 250,000.
17 Fine is being waived in this case under the guidelines
18 pursuant to your inability to pay a fine.
19 I remind you of the statutory penalties that apply in
20 this case. On Count 1, it's up to life. On Counts 2 and 4,
21 it's zero up to 5 years. On Count 3, it's a term up to
22 10 years' imprisonment. $250,000 fine would apply to each of
23 the four counts. On Count 1, under the statute, it carries a
24 supervised release range of 5 years -- or up to 5 years;
25 Counts 2 and 4, up to 3 years.
15
1 There is a special assessment with respect to each

2 count in the amount of $100.
3 The Court is going to impose a sentence outside the
4 advisory guideline range. The Court is going to impose a
5 sentence that is below the advisory guideline range. I'm doing
6 so because of the plea agreement.
7 The binding plea agreement for a sentence outside the
8 advisory guideline range is being accepted by the Court.
9 That's a term of 300 months. The Court finds that reasonable.
10 And in light of some of the announcements that were made at the
11 last sentencing, let me tell you why I believe that to be a
12 reasonable sentence based upon the facts that the Court now has
13 before it.
14 As we looked at those objections, the Court became
15 aware that in a best case scenario, based upon the charges,
16 that sentence might be less than 25 years. Also, it is a
17 possible -- there is a possibility of life imprisonment under
18 this case.
19 And taking all of these matters into consideration,
20 considering the fact that you are faced with three outstanding
21 state court cases, taking that into consideration, the Court is
22 of the opinion that the defendant and Mr. Coghlan, on his
23 behalf, negotiated a fair sentence. This would have been a
24 very complex case to try.
25 Taking all matters into consideration, the Court finds
16
1 that the 11(c)(1)(C) agreement should be binding on the Court,

2 is binding, and I accept it as a reasonable sentence.
3 No restitution is involved in this case.
4 In imposing sentence, the Court has considered the
5 advisory guideline range, the statutory penalties, and the
6 sentencing factors enumerated in 18 U.S.C., Section 3553(a).
7 The Court finds that imposing a sentence outside the advisory
8 guideline range pursuant to 18 U.S.C., Section 3553(a) would
9 better achieve the statutory purposes of sentencing.
10 Pursuant to the Sentencing Reform Act of 1984, it is
11 the judgment of this court that the defendant, James Everett
12 Dutschke, is hereby committed to the custody of the Bureau of
13 Prisons to be imprisoned for a term of 300 months on Count 1,
14 60 months on Counts 2 and 4, and 120 months on Count 3. Those
15 terms are to run concurrently, meaning that he will serve one
16 term of 300 months.
17 Supervised release will follow imprisonment. The
18 defendant shall be placed on supervised release for a term of
19 5 years on Count 1 and 3 years on Counts 2, 3, and 4, but that
20 is going to run concurrently.
21 While you're on supervised release, Mr. Dutschke,
22 there are two mandatory conditions. One, you shall not possess
23 a firearm, destructive device, or any other dangerous weapon.
24 And, secondly, you will be required, as in all cases in federal
25 court, to cooperate in the collection of DNA as directed by
17
1 your probation officer.

2 There will be a number of standard conditions that
3 you're expected to comply with while you're on supervised
4 release adopted by the court. Those will be explained to you
5 by the probation officer at the appropriate time. However,
6 there are a couple of special conditions that I want you to be
7 aware of, because these are going to be imposed and stated on
8 the judgment.
9 You shall submit your person, property, house,
10 residence, vehicle, papers, computers, other electronic
11 communications or data storage devices or media, or your office
12 to a search conducted by the United States Probation Officer.
13 Your failure to submit to that search may be grounds
14 for revocation of release. You shall warn -- it's your duty to
15 warn the occupants of the premises that you're subject to this
16 search condition.
17 Now, this search would only take place if the
18 probation officer felt that there was reasonable suspicion to
19 believe that you had violated a term or condition of your
20 supervised release, and only then, at a reasonable time and in
21 a reasonable manner. This is the standard search condition
22 that's in place in the Northern District of Mississippi.
23 The second restriction is that you are further ordered
24 that you are restricted from distributing, receiving, selling,
25 importing, or exporting any amount of any chemical that is used
18
1 in manufacturing ricin. The injunction shall not apply to

2 transactions that are excluded from the definition of the
3 regulated transactions under 21 U.S.C., Section 802(39).
4 The Court is not ordering a fine due to your inability
5 to pay. However, you have pled guilty to four counts, and
6 there's a 100-dollar special assessment that attaches to each
7 of those counts for a total of $400. If that has not already
8 been paid, it is due immediately.
9 At this time, I'm going to advise you that you have,
10 indeed, waived your right to appeal pursuant to -- I believe
11 it's Paragraph 4 of the plea agreement. In exchange for the
12 concessions and recommendations made by the government in this
13 case, in your plea agreement, you waived all rights conferred
14 by 18 U.S.C., Section 3742.
15 You also expressly waived all rights to contest or
16 collaterally attack the conviction and/or sentence and the
17 manner in which the sentence was imposed in any post-conviction
18 proceedings, including, but not limited to, a motion brought
19 under 2255, except only any ground or allegation of ineffective
20 assistance of counsel.
21 Do you understand the judgment that has been imposed,
22 Mr. Dutschke?
23 THE DEFENDANT: I think so, Your Honor.
24 THE COURT: Do you have any questions?
25 THE DEFENDANT: No, ma'am.
19
1 THE COURT: Mr. Lamar, are there any counts to be

2 dismissed?
3 MR. LAMAR: Yes, ma'am, Your Honor. The United
4 States, with leave of court, would move to dismiss Counts 5 and
5 6 of the superseding indictment.
6 THE COURT: They shall be dismissed. Mr. Coghlan, any
7 matters on your client's behalf?
9 THE COURT: Mr. Dutschke, you're remanded to the
10 custody of the Marshal Service where you will remain there
11 until you're proceeded to your state custody and then
12 thereafter transported to a federal facility pursuant to your
13 plea agreement and plea supplement.
14 Any other matters, Counselors?
15 MR. LAMAR: Your Honor, may I speak with Mr. Coghlan
16 for just a moment?
17 THE COURT: You may.
18 (CONFERRING OFF THE RECORD.)
19 MR. LAMAR: Thank you, Your Honor. That's all.
20 THE COURT: Okay. Mr. Coghlan, the correspondence
21 that the Court received -- I should address this to Mr. Coghlan
22 and Mr. Lamar. The correspondence that the Court received, I
23 believe I have provided each of you copies with that received
24 last week.
20
1 THE COURT: Because we addressed those motions, I'm

2 going to suggest that a copy of that be made a part of this
3 record. Any objection?
5 THE COURT: Mr. Lamar?
6 MR. LAMAR: Yes, ma'am. In light of that, then I
7 would like to submit the lab reports regarding the blue mask
8 that are the subject of the speech and the --
9 THE COURT: I'm speaking of the motions, the motions
10 for removal from state court that the Court received that he
11 has withdrawn the motions.
12 THE DEFENDANT: 1446.
13 THE COURT: There were some attachments of lab
14 reports. Is that what you're referring to?
15 MR. LAMAR: No, these our lab reports. In light of
16 the discussions from Tuesday and, as I understand it, a part of
17 the submission that he made to the Court which was received on
18 Wednesday, I have the lab reports for the blue mask that we
19 contend in the reports state that contained ricin on the
20 outside and his DNA on the inside.
21 THE COURT: Okay. I don't think it's necessary to
22 attach those, but I do feel that and would ask that a copy of
23 the correspondence received from Mr. Dutschke by the Court that
24 has been addressed regarding these motions to remove from state
25 court be made a part of this proceeding since they were
21
1 discussed in this proceeding. Thank you.

3 (COURT'S EXHIBIT NO. 1 ADMITTED INTO EVIDENCE.)
4 THE COURT: If there are no other matters, you're
5 remanded. Thank you, sir.
6 (PROCEEDING CONCLUDED AT 11:10 A.M.)
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1 CERTIFICATE
2
3 I, Phyllis K. McLarty, RMR, FCRR, CCR, Official Court

4 Reporter for the United States District Court, Northern
5 District of Mississippi, was present in court during the
6 foregoing matter and reported said proceedings
7 stenographically.
8 I further certify that thereafter, I, Phyllis K. McLarty,
9 RMR, FCRR, CCR, have caused said stenographic notes to be
10 transcribed via computer, and that the foregoing 21 pages are a
11 true and accurate transcription to the best of my ability.
12 Witness my hand, this 2nd day of September, 2014.
13
/s/ Phyllis K. McLarty
14 PHYLLIS K. McLARTY, RMR, FCRR, CCR
Official Court Reporter
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Case: 1:13-cr-00081-SA-DAS Doc #: 83 Filed: 09/02/14 1 of 22 PageID #: 463

1 UNITED STATES DISTRICT COURT

1 Correct, Mr. Coghlan?

1 hearing, advised Mr. Dutschke that if he desired to withdraw

1 And there was one filed for -- an identical motion

1 THE DEFENDANT: Yes, ma'am.

1 any other offenses arising from or related to any of the

1 Criminal Procedure notwithstanding, and, in that event, he may

1 MR. LAMAR: January 16th.

1 consistent with the policy in federal court that you be placed

1 There is a special assessment with respect to each

1 that the 11(c)(1)(C) agreement should be binding on the Court,

1 your probation officer.

1 in manufacturing ricin. The injunction shall not apply to

1 THE COURT: Mr. Lamar, are there any counts to be

1 THE COURT: Because we addressed those motions, I'm

1 discussed in this proceeding. Thank you.

3 I, Phyllis K. McLarty, RMR, FCRR, CCR, Official Court

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