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Case: 1:19-cr-00482-CAB Doc #: 14 Filed: 09/13/19 1 of 26.

PageID #: 46
1

1 UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF OHIO
2 EASTERN DIVISION

3 UNITED STATES OF AMERICA, Case No. 1:19-cr-00482-CAB-1


Cleveland, Ohio
4 Plaintiff, Thursday, August 29, 2019
2:10 p.m.
5 vs.

6 ROBIN LONGORIA,

7 Defendant.

8 TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE WILLIAM H. BAUGHMAN, JR.
9 UNITED STATES MAGISTRATE JUDGE

10 APPEARANCES:

11 For the Government: Chelsea S. Rice


Assistant U.S. Attorney
12 801 Superior Avenue, W, Ste. 400
Cleveland, Ohio 44113
13 216-622-3752

14 Jason M. Manning
U.S. Department of Justice
15 Criminal Division
1400 New York Avenue, NW, Ste 600
16 Washington, DC 20005
202-514-6256
17

18 For the Defendant: Steven Jumes


Law Office of Steven Jumes
19 5740 Boat Club Road
Fort Worth, TX 76179
20 817-756-6000

21 Official Court Reporter: Heidi Blueskye Geizer


Certified Realtime Reporter
22 U.S. District Court
801 West Superior Avenue
23 Cleveland, Ohio 44113
216-357-7092
24
Proceedings recorded by digital recording, transcript
25 produced by manual stenography/computer-aided transcription.
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1 AFTERNOON SESSION, THURSDAY, AUGUST 29, 2019 2:10 P.M.

2 (Call to order of the Court.)

3 THE COURT: Mr. Devan, call the case.

4 DEPUTY CLERK: The case before the Court today

5 is 1:19-cr-468, the United States of America versus Robin

6 Longoria.

7 THE COURT: Counsel for the United States, are

8 you ready to proceed?

9 MS. RICE: Yes, Your Honor. Chelsea Rice,

10 Assistant United States Attorney, and I'm joined at counsel

11 table with my colleague from the Department of Justice, who

12 I'll let introduce himself in a moment, along with Special

13 Agent Michael Massie from the Federal Bureau of

14 Investigation.

15 MR. MANNING: Good afternoon, Your Honor.

16 Jason Manning with the fraud section.

17 THE COURT: And counsel for Ms. Longoria, are

18 you ready to proceed?

19 MR. JUMES: Good afternoon, Your Honor. My

20 name is Steve Jumes. I appreciate that I have been allowed

21 to appear pro hac vice.

22 I am ready to proceed along with my client, Ms.

23 Longoria.

24 THE COURT: We are here today to do several

25 things: To execute a waiver of the indictment and proceed


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1 on information, and also, as I understand it, we're going to

2 be entering a guilty plea today. Is that correct?

3 MR. JUMES: That's our intention, Your Honor.

4 THE COURT: Well, let's start with the waiver

5 of the indictment. Well, sit down for a second here.

6 Before the Court is an information filed on August 12,

7 2018, and there has been tendered to me a waiver of the

8 indictment with the intention to proceed on information.

9 So Mr. Devan, at this point, please show the waiver to

10 counsel, and I ask counsel to show the waiver to Ms.

11 Longoria.

12 Ms. Longoria, you have a right to have your case taken

13 before the Grand Jury for purposes of determining whether or

14 not there should be an indictment, and you have indicated

15 that you are waiving the presentation of the case to the

16 Grand Jury and proceeding on information.

17 Is that your signature on the waiver form?

18 THE DEFENDANT: Yes, sir.

19 THE COURT: And you understand your right to

20 have a Grand Jury hand an indictment?

21 THE DEFENDANT: Yes, sir.

22 THE COURT: Did you discuss this waiver with

23 Mr. -- is it --

24 THE DEFENDANT: Jumes.

25 THE COURT: Is it "Jum-es"?


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1 THE DEFENDANT: Uh-huh.

2 MR. JUMES: It's "Jum-es", but I never correct

3 anyone.

4 THE COURT: Well, I'm the same way.

5 MR. JUMES: I hear you.

6 THE COURT: My name is not always pronounced

7 correctly.

8 Did you discuss it with Mr. Jumes? And you understand

9 that by proceeding here today on information that there will

10 be no view by Grand Jury and no indictment?

11 THE DEFENDANT: Yes, sir.

12 THE COURT: Your waiver of the indictment is

13 accepted, and I will sign the waiver.

14 All right. We are now going to proceed to an

15 arraignment on the information. As indicated, the

16 information was filed on August 12, 2019.

17 Ms. Rice, this appears to be a one-count information?

18 MS. RICE: That's correct, Your Honor, one

19 count of conspiracy.

20 THE COURT: And please identify the offense

21 charged in that one count and the maximum penalty for that

22 offense.

23 MS. RICE: Thank you, Your Honor.

24 The single count of the information is a violation of

25 Title 18, United States Code, Section 371.


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1 The maximum penalties are a term of imprisonment of

2 five years, a $250,000 fine, three years supervised release,

3 and $100 special assessment.

4 THE COURT: Thank you, Miss Rice.

5 Ms. Longoria, you have the right to remain silent and

6 the right not to incriminate yourself. You are not required

7 to make a statement. Anything you say may be used against

8 you. If you start to make a statement, you may stop at any

9 time. You may also consult with your attorney at any time.

10 Do you understand your right to remain silent and your

11 right not to incriminate yourself?

12 THE DEFENDANT: Yes, sir.

13 THE COURT: You have a constitutional right to

14 be represented by an attorney throughout the case. If you

15 cannot afford an attorney, the Court will appoint one

16 without cost to represent you.

17 Do you understand your right to an attorney?

18 THE DEFENDANT: Yes, sir.

19 THE COURT: And Mr. Jumes is the attorney

20 you've retained to represent you in this case?

21 THE DEFENDANT: Yes, sir.

22 THE COURT: Do you have a copy of the

23 information?

24 THE DEFENDANT: Yes, sir.

25 THE COURT: And have you had enough time to


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1 review the information with Mr. Jumes?

2 THE DEFENDANT: Yes, sir.

3 THE COURT: Do you understand the charges

4 being made against you in the information?

5 THE DEFENDANT: Yes, sir.

6 THE COURT: Do you want the information read

7 in open court, or will you waive the reading of the

8 information?

9 THE DEFENDANT: I waive the reading.

10 THE COURT: Now, I have been told that you

11 wish to plead guilty to the offense charged in the

12 information. Is that correct?

13 THE DEFENDANT: Yes, sir.

14 THE COURT: And I've also been told that you

15 have consented to have a magistrate judge receive that plea.

16 Is that also correct?

17 THE DEFENDANT: Yes, sir.

18 THE COURT: At this time, Mr. Devan will show

19 you the consent to magistrate judge's jurisdiction for

20 purposes of accepting the plea, a copy of which will be

21 marked as Exhibit 1 for this hearing.

22 Is that your signature on --

23 THE DEFENDANT: Yes, sir.

24 THE COURT: -- the consent? And have you

25 discussed this consent with Mr. Jumes?


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1 THE DEFENDANT: Yes, sir.

2 THE COURT: Do you understand you have the

3 right to offer your guilty plea to the federal district

4 judge assigned to this case?

5 THE DEFENDANT: Yes, sir.

6 THE COURT: Do you understand that by giving

7 this consent to my jurisdiction you give up your right to

8 offer your guilty plea to the district judge?

9 THE DEFENDANT: Yes, sir.

10 THE COURT: Do you still want to proceed with

11 your plea before me?

12 THE DEFENDANT: Yes, sir.

13 THE COURT: The purposes of this proceeding

14 are, first, to establish that you are competent to make a

15 plea; second, to make sure that your plea is free and

16 voluntary; third, to be certain that you understand the

17 charges made against you, the maximum penalty for those

18 charges, and the constitutional rights that you will be

19 giving up by pleading guilty; fourth, to determine that

20 there is a factual basis for your plea; and fifth, to

21 receive your plea.

22 During today's proceeding I will be asking you some

23 questions. The court reporter will record my questions and

24 your answers. She can only record verbal answers, she

25 cannot record a nod of the head or other gestures, so please


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1 verbalize your answers.

2 If you don't understand any of the questions or at any

3 time you wish to consult with your attorney please say so,

4 because it's essential to a valid plea that you understand

5 each question before you answer. None of my questions are

6 meant or designed to embarrass you.

7 Do you understand these instructions?

8 THE DEFENDANT: Yes, sir.

9 THE COURT: You have the right to remain

10 silent and the right to not to incriminate yourself. You

11 are not required to make a statement, and anything you say

12 may be used against you.

13 Before receiving your guilty plea there are a number

14 of questions that I will ask to assure myself that your plea

15 is valid. By answering these questions, you will be making

16 statements against your interest, and you will incriminate

17 yourself.

18 Do you understand that by proceeding here today with a

19 guilty plea you will necessarily be giving up your right to

20 remain silent and your right not to incriminate yourself?

21 THE DEFENDANT: Yes, sir.

22 THE COURT: Mr. Devan, please place Ms.

23 Longoria under oath.

24 DEPUTY CLERK: Please stand and raise your

25 right hand.
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1 (The defendant is sworn.)

2 THE COURT: You have now been sworn, and you

3 are under oath to tell the truth. Your answers to my

4 questions will be subject to the penalties of perjury if you

5 do not tell the truth.

6 Do you understand these instructions?

7 THE DEFENDANT: Yes, sir.

8 THE COURT: What is your full name?

9 THE DEFENDANT: Robin Renee Longoria.

10 THE COURT: And how old are you?

11 THE DEFENDANT: 58.

12 THE COURT: Are you a citizen of the United

13 States?

14 THE DEFENDANT: Yes, sir.

15 THE COURT: How far did you go in school?

16 THE DEFENDANT: I have a master's degree.

17 THE COURT: Are you currently on probation,

18 parole, or supervised release for any state or federal

19 conviction?

20 THE DEFENDANT: No, sir.

21 THE COURT: Within the past year have you been

22 hospitalized or treated for a mental illness?

23 THE DEFENDANT: No, sir.

24 THE COURT: Within the past year have you been

25 hospitalized or treated for alcohol addiction?


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1 THE DEFENDANT: No, sir.

2 THE COURT: Within the past year have you been

3 hospitalized or treated for addiction to any narcotic drug?

4 THE DEFENDANT: No, sir.

5 THE COURT: In the past 24 hours have you

6 taken any medication, drugs, or alcohol?

7 THE DEFENDANT: I took some Dramamine for the

8 flight, but that's it.

9 THE COURT: Has the consumption of that

10 Dramamine affected your ability to understand what we're

11 doing here this afternoon?

12 THE DEFENDANT: No, sir.

13 THE COURT: And what is your understanding of

14 these proceedings? Why are we here?

15 THE DEFENDANT: Because I participated through

16 my past employer in actions that were not legal.

17 THE COURT: And what are you doing here today?

18 THE DEFENDANT: I'm taking responsibility for

19 that.

20 THE COURT: Pleading guilty?

21 THE DEFENDANT: Yes, sir.

22 THE COURT: All right. Mr. Jumes, do you have

23 any doubt as to Ms. Longoria's competence to plead at this

24 time?

25 MR. JUMES: I do not, Your Honor.


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1 THE COURT: And Ms. Rice, do you have any

2 doubt as to Ms. Longoria's competence to plead at this time?

3 MS. RICE: None, Your Honor.

4 THE COURT: You have the right to be

5 represented by an attorney throughout the case. If you

6 cannot afford an attorney, one will be appointed without

7 cost to represent you.

8 Are you represented here today by Mr. Jumes?

9 THE DEFENDANT: Yes, sir.

10 THE COURT: Have you had enough time to

11 discuss the charges made against you and your response to

12 those charges with your attorney?

13 THE DEFENDANT: Yes, sir.

14 THE COURT: Have you told your attorney

15 everything you know about this case?

16 THE DEFENDANT: Yes, sir.

17 THE COURT: Are you completely satisfied with

18 your attorney's representation and with the advice that he

19 has given you?

20 THE DEFENDANT: Yes, sir.

21 THE COURT: By pleading guilty, you will be

22 giving up certain constitutional rights. I will now review

23 with you the rights that you will be giving up by pleading

24 guilty.

25 You have a right to stand by a plea of not guilty and


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1 to require the government to go to trial. You have the

2 right to a trial by jury, including the assistance of

3 counsel at trial.

4 At trial you would be presumed innocent. The

5 government would be required to prove you guilty by

6 competent evidence beyond a reasonable doubt. You would not

7 have to prove that you are innocent.

8 Do you understand these rights?

9 THE DEFENDANT: Yes, sir.

10 THE COURT: Do you understand that by pleading

11 guilty you will be giving up these rights?

12 THE DEFENDANT: Yes, sir.

13 THE COURT: You have the right to compulsory

14 process. That is at trial you have the right to the

15 issuance of subpoenas to require the attendance of witnesses

16 to testify in your defense. Do you understand this right?

17 THE DEFENDANT: Yes, sir.

18 THE COURT: And do you understand that by

19 pleading guilty you will be giving up this right?

20 THE DEFENDANT: Yes, sir.

21 THE COURT: You have the right to hear, see,

22 and cross-examine all witnesses that the United States may

23 present against you at trial. Do you understand these

24 rights?

25 THE DEFENDANT: Yes, sir.


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1 THE COURT: Do you understand that by pleading

2 guilty you will be giving up these rights?

3 THE DEFENDANT: Yes, sir.

4 THE COURT: You have the right to remain

5 silent at trial. While you would have the right to testify

6 if you chose to do so, you would also have the right not to

7 testify, and no inference or suggestion of guilt could be

8 drawn from the fact that you did not testify. Do you

9 understand this right?

10 THE DEFENDANT: Yes, sir.

11 THE COURT: Do you understand that by pleading

12 guilty you will be giving up this right?

13 THE DEFENDANT: Yes, sir.

14 THE COURT: Again, as I told you earlier, if

15 you go forward with a guilty plea you will give up your

16 right not to incriminate yourself. I will ask you questions

17 shortly about what you did in order to satisfy myself that

18 you are guilty as charged. You will have to admit your

19 guilt to make a valid guilty plea.

20 Do you understand your right not to incriminate

21 yourself?

22 THE DEFENDANT: Yes, sir.

23 THE COURT: Do you understand that by pleading

24 guilty you will give up that right?

25 THE DEFENDANT: Yes, sir.


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1 THE COURT: If you plead guilty and the

2 district judge accepts your plea, do you understand that you

3 will give up your right to a trial and to the other rights I

4 have just told you about?

5 THE DEFENDANT: Yes, sir.

6 THE COURT: Do you understand that there will

7 be no trial?

8 THE DEFENDANT: Yes, sir.

9 THE COURT: Do you understand that the

10 district judge will enter a judgment of guilty and sentence

11 you on the basis of your guilty plea after considering a

12 presentence report?

13 THE DEFENDANT: Yes, sir.

14 THE COURT: Do you understand that the offense

15 to which you are pleading guilty is a felony, and that a

16 judgment of guilty may deprive you of valuable civil rights,

17 such as the right to vote, the right to hold public office,

18 the right to serve on a jury, and the right to possess any

19 kind of a firearm?

20 THE DEFENDANT: Yes, sir.

21 THE COURT: Do you have a copy of the

22 information? A copy will be marked as Exhibit 2 for this

23 hearing.

24 Have you discussed with Mr. Jumes the charges in the

25 information to which you intend to plead guilty?


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1 THE DEFENDANT: Yes, sir.

2 THE COURT: Do you understand those charges?

3 THE DEFENDANT: Yes, sir.

4 THE COURT: Do you understand the maximum

5 possible penalty for the offense charged in Count 1 of the

6 information is as previously stated for the record by Ms.

7 Rice?

8 THE DEFENDANT: Yes, sir.

9 THE COURT: Do you want the maximum penalty

10 repeated at this point?

11 THE DEFENDANT: No, sir.

12 THE COURT: Is your decision to plead guilty

13 the result of the exercise of your own free will?

14 THE DEFENDANT: Yes, sir.

15 THE COURT: Has anyone threatened you or

16 anyone else, or forced you in any way to get you to plead

17 guilty?

18 THE DEFENDANT: No, sir.

19 THE COURT: Have you entered into a plea

20 agreement with the government?

21 THE DEFENDANT: Yes, sir.

22 THE COURT: Mr. Devan will show you the

23 original of the plea agreement, a copy of which will be

24 marked as Exhibit 3 for this hearing, and I direct your

25 attention to page 15. Is that your signature on page 15?


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1 THE DEFENDANT: Yes, sir.

2 THE COURT: Now, did you read the plea

3 agreement before you signed it?

4 THE DEFENDANT: Yes, sir.

5 THE COURT: And did you discuss the plea

6 agreement with Mr. Jumes before you signed it?

7 THE DEFENDANT: Yes, sir.

8 THE COURT: Do you understand the terms of the

9 plea agreement?

10 THE DEFENDANT: Yes, sir.

11 THE COURT: Miss Rice, will you please

12 succinctly summarize the substance of the plea agreement for

13 the record?

14 MS. RICE: Thank you, Your Honor.

15 Under the terms of the plea agreement, the defendant

16 agrees to plead guilty to the single count of the

17 information. The parties -- conspiracy. The parties agree

18 to a total combined offense level before acceptance of

19 responsibility of 26, and in addition to the waivers of

20 appeal and post-conviction attack, as well as the statute of

21 limitations. The parties agree to recommend a sentence

22 within the guidelines after reductions for acceptance of

23 responsibility or any other reductions.

24 THE COURT: Thank you.

25 MS. RICE: Thank you, Your Honor.


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1 THE COURT: Mr. Jumes, do you agree the

2 substance of the plea agreement has been accurately and

3 fairly stated for the record by Ms. Rice?

4 MR. JUMES: I do, Your Honor.

5 THE COURT: And Ms. Longoria, do you agree

6 that the substance of the plea agreement has been fairly and

7 accurately summarized for the record by Ms. Rice?

8 THE DEFENDANT: Yes, sir.

9 THE COURT: Has anyone, including your

10 attorney, the attorney for the United States, or the Court,

11 made any promise to you other than in the plea agreement to

12 induce you to plead guilty?

13 THE DEFENDANT: No, sir.

14 THE COURT: Do you understand if I recommend

15 the acceptance of the plea agreement and the district judge

16 accepts my recommendation then you cannot withdraw your

17 guilty plea?

18 THE DEFENDANT: Yes, sir.

19 THE COURT: I direct your attention to page 7,

20 paragraph 19, waiver of appeal and post-conviction attack.

21 Now, you've read and understand that paragraph?

22 THE DEFENDANT: Yes, sir.

23 THE COURT: Do you understand you cannot

24 appeal your sentence except under the limited circumstances

25 permitted by paragraph 19 of the plea agreement?


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1 THE DEFENDANT: Yes, sir.

2 THE COURT: And do you understand you cannot

3 contest your sentence by any post-conviction proceeding

4 except under the limited circumstances permitted by

5 paragraph 19 in the plea agreement?

6 THE DEFENDANT: Yes, sir.

7 THE COURT: Now, have you and your attorney

8 talked about how the advisory Sentencing Commission

9 guidelines might apply to your case under the plea

10 agreement?

11 THE DEFENDANT: Yes, sir.

12 THE COURT: Mr. Jumes, have you given Ms.

13 Longoria an estimate of the sentence that she may receive

14 under the plea agreement and the advisory guidelines?

15 MR. JUMES: Yes, I have, Your Honor, a well as

16 stating that the District Court will be the ultimate arbiter

17 of those guidelines.

18 THE COURT: And what estimate have you given

19 her?

20 MR. JUMES: The estimate that's within the

21 plea agreement of a total offense level of 26 before

22 acceptance and any other factors around her consideration.

23 THE COURT: What does that translate to in

24 terms of time?

25 MR. JUMES: May I have just a moment, Your


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1 Honor?

2 THE COURT: You may.

3 MR. JUMES: Because I haven't looked at it.

4 THE COURT: I don't think any of us have it

5 memorized.

6 MR. JUMES: Your Honor, at the time that I

7 consulted with Miss Longoria, our understanding at that

8 time, given our understanding of her criminal history, was

9 that it would represent a sentence of between 63 to 78

10 months, which would all be above the statutory maximum in

11 this case.

12 THE COURT: Ms. Rice, do you agree that's a

13 reasonable estimate given the facts as currently known?

14 MS. RICE: Yes, as currently known, with the

15 offense level of 26 before any reductions are applied.

16 THE COURT: Very well. At this point we're

17 going to take a short recess.

18 DEPUTY CLERK: All rise.

19 (Recess had.)

20 THE COURT: All right. Ms. Longoria, do you

21 understand that the Court will not be able to determine the

22 advisory guidelines sentence for your case until after the

23 presentence report has been completed and you and the

24 government have had an opportunity to challenge the facts

25 reported by the probation officer.


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1 THE DEFENDANT: Yes, sir.

2 THE COURT: Do you understand the sentence

3 imposed may be different from any estimate that you may have

4 received from your attorney or the attorney for the

5 government?

6 THE DEFENDANT: Yes, sir.

7 THE COURT: Do you also understand that after

8 it's been determined what guideline range applies to your

9 case the judge has the authority in some circumstances to

10 impose a sentence that is more severe or less severe than

11 the sentence called for by the guidelines?

12 THE DEFENDANT: Yes, sir.

13 THE COURT: Do you also understand that under

14 some circumstances you or the government may have the right

15 to appeal any sentence imposed, and in your case that right

16 is limited by paragraph 19 in the plea agreement?

17 THE DEFENDANT: Yes, sir.

18 THE COURT: Do you understand that parole has

19 been abolished in the federal system, and if you are

20 sentenced to prison you will not be released on parole?

21 THE DEFENDANT: Yes, sir.

22 THE COURT: Having discussed your rights with

23 you, do you still want to proceed with a guilty plea?

24 THE DEFENDANT: Yes, sir.

25 THE COURT: I will now review with you that


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1 portion of the plea agreement in which you agree to facts as

2 they relate to the conduct charged in the information.

3 The factual basis and relevant conduct portion of the

4 plea agreement begins on page 8 and extends over to page 11,

5 and it constitutes paragraph 21, subparts A through I, and

6 paragraph 22.

7 You have initialed each of these pages, indicating

8 your agreement with the facts as set forth therein, but at

9 this time if there are any facts that you believe are not

10 correct as stated in those paragraphs, this is your

11 opportunity to correct them. Do you have any corrections?

12 THE DEFENDANT: No, sir.

13 THE COURT: You admit to the facts as set

14 forth in paragraphs 21 and its subparts, and paragraph 22?

15 THE DEFENDANT: Yes, sir.

16 THE COURT: Mr. Jumes, is there any right or

17 any procedural provision that I have failed to account for

18 before receiving the plea?

19 MR. JUMES: Not that I'm aware of, Your Honor.

20 THE COURT: And Ms. Rice, is there any right

21 or procedural provision that I have failed to account for

22 before receiving the plea?

23 MS. RICE: One moment, Your Honor.

24 The only thing I would -- you may have already gone

25 over it, Your Honor, but the special assessment, that it is


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1 $100, and due immediately at the time of sentencing.

2 THE COURT: All right. That's included in the

3 penalties, correct?

4 MS. RICE: Yes, Your Honor.

5 THE COURT: And do you understand that there's

6 a $100 special assessment due at the time of sentencing?

7 THE DEFENDANT: Yes, sir.

8 THE COURT: All right. Other than that, Ms.

9 Rice, any right or procedural provision that hasn't been

10 accounted for?

11 MS. RICE: No, Your Honor. Thank you.

12 THE COURT: Ms. Longoria, I'm prepared to

13 receive your plea. Do you want to speak again with your

14 attorney before I ask you what your plea is?

15 THE DEFENDANT: No, sir, I'm fine.

16 THE COURT: Do you have any questions of me

17 before I ask you what your plea is?

18 THE DEFENDANT: No, sir. Thank you.

19 THE COURT: How do you plead to Count 1 of the

20 information in this case, guilty or not guilty?

21 THE DEFENDANT: Guilty.

22 THE COURT: It is my finding that the

23 defendant, Ms. Robin Longoria, is fully competent to and

24 capable of entering an informed plea; that she is aware of

25 the nature of the charges brought against her and the


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1 consequences of her plea, and that her plea of guilty to

2 Count 1 of the information in this case is a knowing and

3 voluntary plea, supported by an independent basis in fact

4 containing each of the essential elements of the offense

5 charged.

6 I therefore recommend that the district judge approve

7 the plea agreement, accept Ms. Longoria's plea, and adjudge

8 her guilty of the offenses charged in Count 1 of the

9 information.

10 There will be a presentence investigation report

11 prepared before sentencing. It's in your best interest to

12 cooperate with the probation officer in furnishing

13 information for that report. The report will be important

14 in the decision as to what your sentence will be.

15 You and Mr. Jumes will have the right and the

16 opportunity to review that report before sentencing, and at

17 sentencing to comment on it, including objecting to any

18 facts in the report that you believe are inaccurate.

19 Mr. Jumes, Judge Christopher Boyko has set your

20 sentencing for January 8, 2020, at 2:00 p.m., in Courtroom

21 15B.

22 I understand that there is a matter concerning bond

23 pending appeal. Is that correct?

24 MS. RICE: Regarding the bond, the United

25 States concurs in the recommendation of Pretrial Services,


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1 Your Honor.

2 THE COURT: And I take it, Mr. Jumes, that

3 you've looked over the conditions and you concur, and your

4 client concurs as well?

5 MR. JUMES: Yes, Your Honor.

6 THE COURT: Pending your sentencing, Ms.

7 Longoria, you will be released on a $20,000 unsecured bond

8 with the following conditions: While on release you must

9 not violate any federal, state, or local laws. You must

10 cooperate in the collection of a DNA sample if authorized by

11 42 United States Code, Section 14135a. You must advise the

12 Court or Pretrial Services officer or supervising officer in

13 writing before making any change of residence or telephone

14 number.

15 You must appear in Court as required, and if convicted

16 surrender as directed to serve a sentence that the Court may

17 impose.

18 You are to surrender any passport to the Clerk of

19 Court and not obtain a passport or other international

20 travel document, and you are to notify your employer of the

21 instant alleged offense in writing.

22 Do you understand each and every condition of your

23 bond as I just explained them to you?

24 THE DEFENDANT: Yes, sir.

25 THE COURT: And do you understand if you


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25

1 violate any of those conditions then you may be arrested,

2 and you may be subject to fines or penalties in addition to

3 those for the offense to which you have pled guilty here

4 today?

5 THE DEFENDANT: Yes, sir.

6 THE COURT: At the conclusion of this hearing

7 Mr. Devan will assist you in filling out your bond papers,

8 and after you've been processed through the Marshals Service

9 you will be free to go under the conditions of the bond.

10 THE DEFENDANT: Thank you.

11 THE COURT: Ms. Rice, anything further for the

12 United States?

13 MS. RICE: The only thing is that this

14 information was initially filed under seal, Your Honor. I

15 don't know if we need to officially request it be unsealed

16 at this time, but if so, we're making the request.

17 Other than that, nothing further from the United

18 States.

19 THE COURT: You say under seal. Is that the

20 information?

21 MS. RICE: The information was under seal,

22 yes.

23 THE COURT: So you're asking to unseal the

24 information?

25 MS. RICE: Correct, Your Honor.


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26

1 THE COURT: Mr. Jumes?

2 MR. JUMES: I'm not obviously familiar with

3 the processes up here. If that is standard procedure we

4 wouldn't stand in the way; if there's any universe though

5 that it could remain under seal.

6 THE COURT: Nothing further for the United

7 States?

8 MS. RICE: No, Your Honor.

9 THE COURT: Nothing further from Ms. Longoria?

10 MR. JUMES: There is nothing further, Your

11 Honor.

12 THE COURT: There being no further business

13 before the Court, we are adjourned.

14 DEPUTY CLERK: All rise.

15 - - - - -

16 (Proceedings adjourned at 2:47 p.m.)

17

18 C E R T I F I C A T E

19

20 I certify that the foregoing is a correct transcript

21 from the record of proceedings in the above-entitled matter.

22

23 s/Heidi Blueskye Geizer September 13, 2019

24 Heidi Blueskye Geizer Date


Official Court Reporter
25

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