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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs.

LANCE JAMES FORSBERG,

Defendant.__________________________/

No: 1:12cr207

BeforeTHE HONORABLE HUGH BRENNEMAN,

U.S. Magistrate JudgeGrand Rapids, Michigan

December 7, 2012Plea Proceedings

APPEARANCES:

MR. PATRICK MILES, U.S. ATTORNEYBy: MS. B. RENE SHEKMER

330 Ionia NWP. O. Box 208Grand Rapids, MI 49501616-456-2404

On behalf of the Plaintiff;

MR. THOMAS J. GEZONSmietanka Buckleitner Steffes & Gezon4250 Chicago Drive, SWSuite BGrandville, MI 49418

616-667-2217

On behalf of the Defendant.

TRANSCRIBED BY:

MS. KATHY J. ANDERSON, RPR, FCRR

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December 7, 2012

PROCEEDINGS, 10:51 a.m.

THE COURT: The next matter this morning is United

States versus Lance James Forsberg, file number 1:12cr207.

And I understand we're here for the entry of a plea in this

matter.

You are Lance James Forsberg?

THE DEFENDANT: Yes, Your Honor.

THE COURT: Mr. Forsberg, this is the United State

District Court for the Western District of Michigan which

means that it is a federal court. You are here on a

multi-count indictment, and I understand we are concerned wit

three counts of this indictment: Counts 1, 7 and 10. Is tha

correct?

MR. GEZON: That is correct, Your Honor.

THE COURT: All right. Fine. Ms. Shekmer, has th

defendant previously been arraigned in this matter and if so

when was that?

MS. SHEKMER: Your Honor, he was arraigned on

August 20th, 2012, before Your Honor.

THE COURT: Fine. Mr. Forsberg, do you have a cop

of that indictment in front of you?

THE DEFENDANT: Yes, Your Honor.

THE COURT: Have you read Counts 1, 7 and 10?

THE DEFENDANT: Yes, Your Honor.

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THE COURT: You understand each of those counts?

THE DEFENDANT: Yes, sir.

THE COURT: Thank you. Mr. Gezon, do you want

those charges read for the record at this time?

MR. GEZON: No, Your Honor. We have read them, we

have had them for a long time now. We waive the reading of

them.

THE COURT: All right. Fine. Thank you. And the

plea will be to all three counts, is that right?

MR. GEZON: Yes, Your Honor.

THE COURT: Thank you. Count 1 charging the

defendant with conspiring to manufacture 100 or more marijuan

plants. And Count 10 which makes the same charge -- well,

pardon me, that's not correct.

Count 1 charges the defendant with conspiring to

manufacture 100 or more marijuana plants, and Count 10 which

charges the actual manufacture of marijuana, which usually

means growing the marijuana. Each carry a maximum penalty of

not less than five years in prison and not more than 40 years

in prison. There would also be the possibility of a fine of

up to five million dollars on each charge. There would also

be a period of supervised release after any prison term of at

least four years, but that could extend your entire life. An

there would also be a mandatory special assessment of a

hundred dollars on each charge.

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Count 7 which alleges the manufacture of a hundred

or more marijuana plants within one thousand feet of a school

carries a maximum penalty of not less than five years in

prison, and not more than 80 years in prison. So someplace

between five and 80 years, and a fine of not more than ten

million dollars. There would be a period of supervised

release after any prison term of at least eight years, and

again that could last defendant's entire life. That also

carries a special assessment of a hundred dollars as well.

Mr. Forsberg, do you understand the maximum

penalties for each of these three counts?

THE DEFENDANT: Yes, Your Honor.

THE COURT: What I told you were the maximum

possible penalties. The actual sentence of the Court may wel

be influenced by what we call the sentencing guidelines. And

the guidelines are designed to help a judge know what an

appropriate sentence would be in a particular case based on

the facts of that case. And so the guidelines take into

consideration a number of factors; in a drug case, for

example, the type of drugs, the amount of drugs, the role of

the defendant in any particular drug activity, does the

defendant have a criminal background, if so, what is it.

There is just a wide variety of factors. And based on all of

that the guidelines come up with a recommended sentencing

range for the judge to consider.

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Now, the range can never exceed the maximum

sentence but someplace within the maximum possible sentence

will be this recommended range. The judge can sentence you

within that recommended range but she is not required to. Sh

can go above it or she can go below it. But before she makes

up her mind she has to pay very careful attention to the

recommendation and consider is very carefully and closely, an

there is a procedure she follows to do that. So the

guidelines are very important. Even though they are not

binding on the district judge.

I don't know what the guidelines would recommend i

your case. That has to be calculated by the probation

department when they do the presentence report. However, you

attorney has dealt with these guidelines for many years. He

is an expert on these guidelines, and can probably give you a

pretty good idea of what the guidelines would recommend, even

though he cannot guarantee you that his calculation would be

the final calculation. But, again, based on his experience

I'm sure he can give you a pretty accurate estimate.

Did you have a chance to talk to Mr. Gezon about

these guidelines?

THE DEFENDANT: Yes, Your Honor.

THE COURT: Was he able to give you some idea of

what the impact on you might be of that recommendation?

THE DEFENDANT: Yes, Your Honor.

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THE COURT: All right. So if I refer to the

sentencing guidelines you understand what I'm talking about?

THE DEFENDANT: Yes, Your Honor.

THE COURT: Fine. Now, this case is assigned to

the Honorable Janet T. Neff. Judge Neff is a United States

District Judge which means she was appointed by a President o

the United States and she has a lifetime position. You have

the right to have this hearing today for the purpose of

entering your plea conducted by Judge Neff. And if she were

to conduct it, she would ask you questions to make sure that

you knew what you were doing, that you were doing it

voluntarily, and that there was a foundation or a basis for

what you were doing.

And then assuming everything went as anticipated,

she would accept your plea and refer the matter to the

probation office to prepare a presentence report.

That normally takes three months or so. When that

report was done, you would return to court and Judge Neff

would impose the sentence of the Court.

Now, our local court rules provide that with your

consent, I can handle the hearing today for the purpose of yo

entering your plea. I am a United States Magistrate Judge

which means I'm not a district judge but I am a federal judge

I'm appointed by the district judges to assist them. So if I

take Judge Neff's place I'm going to ask you the same kinds o

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