Sent Hearing Dec 8

1
1 IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
2 FORT WORTH DIVISION
3 UNITED STATES OF AMERICA . CRIMINAL ACTION NO.

. 4:17-CR-058-Y-1
4 V. .
. Fort Worth, Texas
5 JORDAN LEE BELL . November 14, 2017
. . . . . . . . . . . . . . . . .
6
8
TRANSCRIPT OF PROCEEDINGS
9 (Sentencing Hearing)
BEFORE THE HONORABLE TERRY R. MEANS
10 UNITED STATES DISTRICT JUDGE
11
12
13 APPEARANCES:
14 For the Government: MS. MEGAN J. FAHEY

United States Attorney's Office
15 801 Cherry Street, Suite 1700
Fort Worth, Texas 76102-6897
16 (817) 252-5200
17 For the Defendant: MR. MICHAEL C. LOWE

Law Office of Michael C. Lowe
18 Plaza of the Americas, N. Tower
700 N. Pearl Street, Suite 2170
19 Dallas, Texas 75201
(214) 526-1900
20
Court Reporter: MS. ANA P. WARREN
21 U.S. District Court Reporter
501 W. 10th Street, Room 502
22 Fort Worth, Texas 76102-3637
(817) 850-6681
23
24
Proceedings recorded by mechanical stenography; transcript
25 produced by computer-aided transcription.
U.S. DISTRICT COURT

3
1 was a knowing and voluntary plea supported by an independent
2 basis in fact containing each of the essential elements of the
3 offense. You told him at that time that you understood the
4 elements of the offense, agreed to the accuracy of the factual
5 resume, and admitted that you committed all essential elements
6 of the offense. Accordingly, on June 29, 2017, I entered an
7 order accepting your plea and adjudging you guilty of the
8 crime alleged in the indictment against you.
9 This plea of guilty was taken pursuant to a plea
10 agreement. The Court is inclined to reject the plea agreement
11 but before finally deciding to do so will now give the parties
12 the opportunity to convince the Court that the agreed sentence
13 departs from the guideline range for justifiable reason.
14 Let's begin with the government, Ms. Fahey. You may
15 proceed.
16 MS. FAHEY: Yes, Your Honor.
17 We have no evidence to offer. Just as way of an
18 explanation, the reason we believe this is an appropriate
19 sentence, we anticipated the guideline range to be about six
20 to eight years and discounted that based on his age. The plea
21 agreement is solely a reflection of the fact that the
22 defendant is 18 years old and didn't finish his senior year in
23 high school because he was in federal custody.
24 THE COURT: Okay. So you were anticipating an
25 imprisonment range under the guidelines of substantially less
U.S. DISTRICT COURT

32
1 agreement is accepted.
2 Mr. Lowe, did you and your client receive in a timely
3 manner a copy of the presentence report in this case?
4 MR. LOWE: Yes, Your Honor.
5 THE COURT: Did you have an opportunity to review it
6 carefully with Mr. Bell?
7 MR. LOWE: I did, Your Honor.
8 THE COURT: Did the government receive it timely?
9 MS. FAHEY: Yes, Your Honor.
10 THE COURT: There being no objections to the fact
11 findings in the presentence report, I adopt those findings as
12 my own.
13 There being no objections to the probation officer's
14 conclusions set forth in the report as to the appropriate
15 guideline calculations, I adopt those conclusions and
16 determine that the appropriate guideline calculations are:
17 Total Offense Level 33. Criminal History Category I.
18 Imprisonment range 135 to 168 months. Supervised release
19 range five years to life. A fine range of $35,000 to
20 $250,000, plus, the costs of imprisonment and supervision.
21 Before I pronounce the sentence, Mr. Bell, do you wish to
22 make any remarks on behalf -- pardon me. Mr. Lowe, do you
23 wish to make any remarks on behalf of Mr. Bell?
24 MR. LOWE: No additional remarks.
25 THE COURT: Now, Mr. Bell, this is the time to make
U.S. DISTRICT COURT

34
1 THE COURT: But people there know what you're charged
2 with?
3 DEFENDANT BELL: Yes, sir.
4 THE COURT: How did they find that out?
5 DEFENDANT BELL: I believe they can call someone on
6 the outside and search my name and find out what I'm charged
7 with.
8 THE COURT: Okay. I'm sure that's true.
9 Ms. Fahey, do you wish to speak on behalf of the
10 government?
11 MS. FAHEY: No, Your Honor.
12 THE COURT: Then I'll now state the sentence,
13 determined after consideration of all the factors set out in
14 Title 18, United States Code, Section 3553(a), including,
15 especially, the advisory sentencing guidelines issued by the
16 sentencing commission and the conduct admitted by Mr. Bell in
17 his factual resume.
18 The attorneys will have a final chance to make legal
19 objections before sentence is finally imposed.
20 I've got one problem I've got to resolve. I've got to fix
21 something. Excuse me just a moment.
22 (Brief pause in proceedings)
23 THE COURT: It is the judgment of the Court that the
24 defendant, Jordan Lee Bell, in Case Number 4:17-CR-058-Y, be
25 committed to the custody of the Federal Bureau of Prisons for
U.S. DISTRICT COURT

35
1 a period of time served.
2 Do you understand what that means?
3 DEFENDANT BELL: Yes, sir, I do.
4 THE COURT: Okay. Restitution is not ordered because
5 none of the victims have requested restitution. The Court
6 does not order a fine or costs of incarceration because
7 Mr. Bell does not have the financial resources or future
8 earning capacity to pay a fine or costs of incarceration.
9 Mr. Bell shall pay an assessment pursuant to 18, United
10 States Code, Section 3014, to the United States in the amount
11 of $5,000, payable to the U.S. District Clerk, and if upon
12 commencement of the term of supervised release -- would you
13 hand that to Mr. Lowe -- any part of the assessment imposed
14 pursuant to -- it's the same thing you signed before --
15 pursuant to 18, United States Code, Section 3014, remains
16 unpaid, Mr. Bell shall make payments on the unpaid balance at
17 the rate of at least $60 -- pardon me -- unpaid balance 60
18 days after release from custody at the rate of at least $100
19 per month until the fine is paid in full. No assessment shall
20 be payable during incarceration from funds deposited into
21 Mr. Bell's inmate trust account -- actually, there won't be
22 any of that. I'll delete that.
23 Pursuant to 18, United States Code, Section 2253, and
24 Federal Rules of Criminal Procedure -- Federal Rule of
25 Criminal Procedure 32.2(b)(4)(B), it is, hereby, ordered that
U.S. DISTRICT COURT

38
1 pauperis.
2 You have returned to me this morning a notice of right to
3 appeal sentence -- Carmen, notice of right to appeal sentence.
4 (Brief pause in proceedings)
5 THE COURT: Please understand that this is your
6 notice -- notice to you that you have the right to appeal. It
7 is not your notice to the Court that you are, in fact,
8 appealing, and if you decide to appeal, you must do so within
9 14 days in writing filed with the Court, and Mr. Lowe will
10 assist you in that if you ask him to.
11 Okay?
13 THE COURT: Do you understand what's happened here
14 today?
15 DEFENDANT BELL: Yes, sir, I do.
16 THE COURT: I want you to know I don't want to see
17 any violations.
19 THE COURT: I've given you the biggest break I've
20 ever given in the 26 years I've been on this bench. I did it
21 because you're vulnerable and you're young, but I'm not going
22 to have any tolerance of any violations of your terms of
23 supervised release, especially as it relates to pornography or
24 any predatory behavior on your part.
U.S. DISTRICT COURT

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1

1 IN THE UNITED STATES DISTRICT COURT

3 UNITED STATES OF AMERICA . CRIMINAL ACTION NO.

14 For the Government: MS. MEGAN J. FAHEY

17 For the Defendant: MR. MICHAEL C. LOWE

U.S. DISTRICT COURT

2 basis in fact containing each of the essential elements of the

4 elements of the offense, agreed to the accuracy of the factual

5 resume, and admitted that you committed all essential elements

6 of the offense. Accordingly, on June 29, 2017, I entered an

7 order accepting your plea and adjudging you guilty of the

8 crime alleged in the indictment against you.

9 This plea of guilty was taken pursuant to a plea

10 agreement. The Court is inclined to reject the plea agreement

11 but before finally deciding to do so will now give the parties

12 the opportunity to convince the Court that the agreed sentence

13 departs from the guideline range for justifiable reason.

14 Let's begin with the government, Ms. Fahey. You may

16 MS. FAHEY: Yes, Your Honor.

17 We have no evidence to offer. Just as way of an

18 explanation, the reason we believe this is an appropriate

19 sentence, we anticipated the guideline range to be about six

21 agreement is solely a reflection of the fact that the

22 defendant is 18 years old and didn't finish his senior year in

23 high school because he was in federal custody.

24 THE COURT: Okay. So you were anticipating an

25 imprisonment range under the guidelines of substantially less

U.S. DISTRICT COURT

2 Mr. Lowe, did you and your client receive in a timely

3 manner a copy of the presentence report in this case?

4 MR. LOWE: Yes, Your Honor.

5 THE COURT: Did you have an opportunity to review it

6 carefully with Mr. Bell?

7 MR. LOWE: I did, Your Honor.

8 THE COURT: Did the government receive it timely?

9 MS. FAHEY: Yes, Your Honor.

10 THE COURT: There being no objections to the fact

11 findings in the presentence report, I adopt those findings as

13 There being no objections to the probation officer's

14 conclusions set forth in the report as to the appropriate

15 guideline calculations, I adopt those conclusions and

16 determine that the appropriate guideline calculations are:

17 Total Offense Level 33. Criminal History Category I.

18 Imprisonment range 135 to 168 months. Supervised release

19 range five years to life. A fine range of $35,000 to

20 $250,000, plus, the costs of imprisonment and supervision.

21 Before I pronounce the sentence, Mr. Bell, do you wish to

22 make any remarks on behalf -- pardon me. Mr. Lowe, do you

23 wish to make any remarks on behalf of Mr. Bell?

24 MR. LOWE: No additional remarks.

25 THE COURT: Now, Mr. Bell, this is the time to make

U.S. DISTRICT COURT

3 DEFENDANT BELL: Yes, sir.

4 THE COURT: How did they find that out?

5 DEFENDANT BELL: I believe they can call someone on

8 THE COURT: Okay. I'm sure that's true.

9 Ms. Fahey, do you wish to speak on behalf of the

11 MS. FAHEY: No, Your Honor.

12 THE COURT: Then I'll now state the sentence,