Lance Forsberg Plea

download Lance Forsberg Plea

of 55

  • date post

    14-Apr-2018
  • Category

    Documents

  • view

    218
  • download

    0

Embed Size (px)

Transcript of Lance Forsberg Plea

  • 7/30/2019 Lance Forsberg Plea

    1/55

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    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

    Case 1:12-cr-00207-JTN Doc #130 Filed 12/12/12 Page 1 of 55 Page ID#369

  • 7/30/2019 Lance Forsberg Plea

    2/55

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    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.

    Case 1:12-cr-00207-JTN Doc #130 Filed 12/12/12 Page 2 of 55 Page ID#370

  • 7/30/2019 Lance Forsberg Plea

    3/55

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    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.

    Case 1:12-cr-00207-JTN Doc #130 Filed 12/12/12 Page 3 of 55 Page ID#371

  • 7/30/2019 Lance Forsberg Plea

    4/55

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    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.

    Case 1:12-cr-00207-JTN Doc #130 Filed 12/12/12 Page 4 of 55 Page ID#372

  • 7/30/2019 Lance Forsberg Plea

    5/55

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    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.

    Case 1:12-cr-00207-JTN Doc #130 Filed 12/12/12 Page 5 of 55 Page ID#373

  • 7/30/2019 Lance Forsberg Plea

    6/55

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    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

    Case 1:12-cr-00207-JTN Doc #130 Filed 12/12/12 Page 6 of 55 Page ID#374

  • 7/30/2019 Lance Forsberg Plea

    7/55

    1

    2

    3

    4

    5

    6

    7

    8