US vs. Hardee Sentencing Transcript 1/8/15

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
______________________________
UNITED STATES OF AMERICA,
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Plaintiffs
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Vs.
NO. 1:12-cr-000734-JEI-2
TERRANCE HARDEE,
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Defendant.
SENTENCING
______________________________
UNITED STATES COURTHOUSE
ONE JOHN F. GERRY PLAZA
4TH AND COOPER STREETS
CAMDEN, NEW JERSEY 08101
JANUARY 8, 2015
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B E F O R E:
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THE HONORABLE JOSEPH E. IRENAS

UNITED STATES DISTRICT JUDGE
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A P P E A R A N C E S:
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OFFICE OF THE U.S. ATTORNEY

BY: JACQUELINE CARLE, ESQUIRE
Counsel for the USA
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DAVID RUDENSTEIN, ESQUIRE

Counsel for the Defendant
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Certified as true and correct as required by Title 28,

U.S.C., Section 753.
Karen Friedlander, RMR, CRR
United States District Court

Camden, New Jersey
(OPEN COURT, January 8, 2015, 2:52 p.m.)
THE COURT:
MR. RUDENSTEIN:
THE COURT:
MR. RUDENSTEIN:
THE COURT:
Is that Mr. Rudenstein?
Everyone, be seated.
Thank you, Your Honor.
I want you to know we just rested in a
six-month trial.
THE DEPUTY CLERK:
THE COURT:
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It is, Your Honor.
Six weeks.
No, six weeks.
six months.
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MR. RUDENSTEIN:
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I've been talking with Mr. Spade.
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to be trying a homicide in Philly.
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THE COURT:
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MR. RUDENSTEIN:
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I know a little bit about it because

Mr. Spade and I are going
Mr. Spade is a very capable lawyer.

I know.
I've known Mr. Spade for
many --
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The previous trial was
THE COURT:
I know he's very active in the Eastern
District.
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MR. RUDENSTEIN:
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THE COURT:
Very intelligent man.
Yeah, he's -- and he has a very nice
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manner about him.
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because all the lawyers are bright actually in this group, but
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-- doing -- but he has a nice manner.
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manner about them.
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I mean, not only is he obviously bright,
MR. SPADE:
They all have a nice
Judge, my ears are burning.

Camden, New Jersey
THE COURT:
MS. CAPUANO:
THE COURT:
I didn't know you were here.
MR. SPADE:
Judge, likewise.
THE COURT:
Anyway -- see, my eyesight is not so hot.
Are you here?

We are all here.
So I just saw four blurs here.
Okay.
Is it true, Mr. Rudenstein, that you've agreed
to serve three-quarters of your client's sentence?
what I read in your papers?
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MR. RUDENSTEIN:
I hadn't gotten around to that, Your
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Honor, but I have offered --
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THE COURT:
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MR. RUDENSTEIN:
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Is that
I think that would be fair.

I've offered to eat half of his
food.
THE COURT:
He'll do one quarter of it and you do
three-quarters of it.
MR. RUDENSTEIN:
Well, that might be appropriate
after the case that I tried, Your Honor, so we'll have to see.
THE COURT:
Okay.
This is the day set for the
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sentencing of Terrence Hardee.
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or Hardee?
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THE DEFENDANT:
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THE COURT:
How do you pronounce it, Hardy
Hardee.
Hardee.
So this is the sentencing of
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Mr. Hardee.
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house stings that the DEA has done, I guess all over the
This is one of those -- they call it the stash

Camden, New Jersey
country, and the -- oh, let's have the appearances of counsel
first, let's at least do that.
MS. CARLE:
Good afternoon.
Jacqueline Carle, assistant United States Attorney on behalf
of the government.
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MR. RUDENSTEIN:
And thank you, Your Honor, David
Rudenstein, CJA, on behalf of Mr. Hardee.
MS. CARLE:
Your Honor --
THE COURT:
I've been blessed with nothing but nice
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lawyers.
What can I say?
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MS. CARLE:
That's as good as it gets, right, Judge?
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THE COURT:
That's as good as it gets.
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MS. CARLE:
Judge, in preparing for today, I spoke to
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Mr. Rudenstein.
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bring it to the Court's attention.
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affects much of what we'll do here today.
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to your attention, I placed a copy on the bench.
It's only a couple pages.
I just wanted to
I don't know that it

I simply bring it
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THE COURT:
I'm sorry, oh, is that what this is?
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MS. CARLE:
Yes, Your Honor.
It is a copy of the
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case from the 9th Circuit, simply because Your Honor has
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mentioned this line of cases in our past meetings on this
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particular case, and I just wanted to point out that in US v
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Dunlap and Whitfield v -- the appeals court from the 9th
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Circuit did, in fact, reverse and remand that case, and also
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ordered reassignment of the case, which I found interesting.

Camden, New Jersey
THE COURT:
They do -- Third Circuit has done that,
actually, in some unusual cases.
when he was on the District Court, they reversed it and
reassigned it.
Isn't it Judge Greenaway,
MS. CARLE:
Yes.
THE COURT:
And not because of anything he did wrong,
nothing, but for whatever the reason, they chose to reassign
it on the resentencing, and that happens --
MS. CARLE:
From time to time.
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THE COURT:
Well, here, let me tell you in advance, I
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mean, obviously, I'm aware of a variety of cases both at the
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Circuit level as well as at the District Court level that have
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cast doubt, let me put it this way, on the stash house stings.
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They sometimes approach it from different ways.
Some
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approach it almost from a due process point of view, others
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approach it actually from an ethnic point of view that because
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so many of the -- let's call it targets, if that's the right
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word, are minority or poor or both.
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MS. CARLE:
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case, Your Honor, because --
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THE COURT:
I think --
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MS. CARLE:
I'm sorry.
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THE COURT:
Well, so far, though, the weight of
That's why I wanted to point out this
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authority is still not in favor of reversing.
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tell you, I'll be perfectly honest with you, I would shed no
But I've got to

Camden, New Jersey
tears here if it were reversed at the Circuit.
One of the reasons I appointed Larry Lustberg in one of
the companion cases is I want him to be the lawyer to take it
up and here, of course, I have a first-rate lawyer who could
also -- capable of taking it to the Circuit and, believe me, I
wouldn't shed a tear --
MS. CARLE:
I realize that, Your Honor.
THE COURT:
-- if the Circuit found -- I don't know
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which way they would approach it, they could affirm or

whatever.
But I'm going to do my thing here.
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MS. CARLE:
I understand.
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THE COURT:
You know, and I appreciate your giving me
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this.
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Fletcher, who was also a 9th Circuit Judge, if I'm not
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mistaken.
I think Fletcher, Judge Fletcher is the son of Betty
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MS. CARLE:
That, I don't know, Your Honor.
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THE COURT:
Well, I know that Betty Fletcher's son
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was appointed to the 9th Circuit.
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there's also another Fletcher.
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well-known 9th Circuit Judge and the fact that her son was up
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was a big issue, but he got it.
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Circuit.
That, I know, unless
But Betty Fletcher was a very
He was appointed to the 9th
I wonder if he's --
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MS. CARLE:
He could be.
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THE COURT:
-- he's the one, he was very liberal, I
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know that.

Camden, New Jersey
MS. CARLE:
Well, I wanted to bring this to your
attention and really make two points.
been reversed, the 9th Circuit found that the government's
conduct did not violate fundamental fairness or shock the
universal sense of justice mandated by the due process clause
of the 5th Amendment.
think factually what's important here when --
One, that that case had
They reassigned the case.
But also, I
THE COURT:
Who was the trial judge?
MS. CARLE:
Your Honor, I meant to -- I meant to
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confirm that.
I meant to confirm that and I did not.
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THE COURT:
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MR. RUDENSTEIN:
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What?
Wasn't that the case with Judge
Wright?
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MS. CARLE:
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MR. RUDENSTEIN:
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MS. CARLE:
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MR. RUDENSTEIN:
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MS. CARLE:
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MR. RUDENSTEIN:
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MS. CARLE:
The District Judge, yes.
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THE COURT:
No, no, there was another one.
It may have been, but -The 9th Circuit case.
It was 9th Circuit.

That had to be Judge Wright's case.
Otis Wright?
Yep.
There's
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another trial judge who is a very controversial guy in the 9th
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Circuit who also threw out one of these cases.
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I --
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MR. RUDENSTEIN:
Oh, Keen, Kean?

Camden, New Jersey
That's why
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MS. CARLE:
I believe this is -- Judge Wright was the
presiding Judge.
MR. RUDENSTEIN:
Oh, no, no, no.
Hold on just a second.
It's versus Cornell Whitfield, AKA
Baby Flip, and Whitfield was one of the defendants that I
remember the name in the case that we had been talking about
all along.
THE COURT:
Who's the trial judge?
MS. CARLE:
That's Judge Wright, Your Honor.
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MR. RUDENSTEIN:
It says here, Otis D. Wright, the
Second.
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THE COURT:
But there was another --
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MS. CARLE:
Yes.
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THE COURT:
There was another district judge who I
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actually know.
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right now, but we were very friendly over the years.
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lot of seminars together, and he also threw one out, but I
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haven't heard if there's been any appeal of that, I don't
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know.
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It's a shame that I can't think of his name
MS. CARLE:
We did a
Well, I wanted to bring this to your
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attention, but also factually just point out in the context of
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sentencing Mr. Hardee, what's important to note factually and
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how it is distinguishable as I'm sure Your Honor remembers
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from trial that Mr. Hardee was not recruited by the
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government.
In fact, it was his codefendant.

Camden, New Jersey
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THE COURT:
He was recruited by one of the
codefendants.
MS. CARLE:
That is correct.
And I think that's
important to note here when we're discussing these concepts
and the concerns that the Court might have.
government never had Mr. Hardee on its radar.
THE COURT:
But you say -- I mean, that says more
than there really is.
set in motion the whole thing.
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MS. CARLE:
In fact, the
The government triggered, let's say,
But the concerns, though, behind those
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lines of cases, Your Honor, are really the dealings that the
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government or government agent has with the defendant.
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Here, Your Honor, Mr. Hardee was brought in by his
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codefendant and had contact with the government or government
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-- with the government, rather, on the day of the take-down.
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THE COURT:
On the day they went to the -- it was
like a self-storage --
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MR. RUDENSTEIN:
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MS. CARLE:
Yes.
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THE COURT:
-- site where they met when they were
Exactly.
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going to go to the, quote, stash house, and they were arrested
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at that site.
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MR. RUDENSTEIN:
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MS. CARLE:
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Right.
And I think that's important, Your Honor,
because as many cases have considered, the time spent with the

Camden, New Jersey
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government or government agent also is a consideration in
determining some of these concerns that the Court has noted.
So here we have a very brief period of time where, in
fact, the government directly dealt with Mr. Hardee.
Moreover, he was recruited by his codefendant, Mr. Dennis.
I just bring that up in the context of the sentencing
considerations.
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THE COURT:
So
You can argue that when we get to the
appropriate point.
MR. RUDENSTEIN:
Can I just briefly respond to that,
Your Honor?
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THE COURT:
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MR. RUDENSTEIN:
Sure.
Very briefly.
Your Honor, I'm
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sitting here listening to that and I understand where
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Ms. Carle is coming from, but as you know, Your Honor, there's
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a concept in the law called willful blindness and willful
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blindness is usually used against defendants where they put
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their hands up over their eyes and they will willfully blind
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their culpability.
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Here, Your Honor, my argument would simply be that the
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government shouldn't be able to be willfully blind, and when
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they ask one guy to do something that they know is going to
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take a crew, they shouldn't be surprised that there's others
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being involved, and I don't think they should be allowed to
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simply get away with being willfully blind.

Camden, New Jersey
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THE COURT:
up here for a minute, please.
Mr. Spade and counsel, can you all come
(Off the record.)
THE COURT:
MR. RUDENSTEIN:
Okay.
Give me a minute.
I have to...
I'm sorry, go ahead.

I'm done, Your Honor.
As I was just
saying, I don't think the government should be permitted to
sort of be willfully blind to the concept that when they put
together a scheme that's going to obviously take more than one
man and now there's a crew, how can the government stand there
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and say, we had no idea.

So I think that they're recruiting others even if
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they're not talking to begin with.
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further analogies in our law, you can conspire with someone
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even if you never met them, if you're part of the conspiracy.
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So I'm not trying to --
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THE COURT:
MR. RUDENSTEIN:
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I'm just not so sure that's the
strongest government argument, Your Honor.
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You don't sound like a defense lawyer
when you say that.
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And if you look for
THE COURT:
Okay.
Well, let's go through the regular
process.
The way we're going to proceed is we're going to first,
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on Step 1 of the sentencing, we have to determine what the
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criminal history is and the offense level is.
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MR. RUDENSTEIN:
Yes, sir.

Camden, New Jersey
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THE COURT:
Stage 2, we deal with a downward -- or
upward departures, I don't think there's going to be much at
that stage, and then three, of course, is the 3553(a)
imposition of sentence in which the guidelines are a factor,
but the -- there are other factors that we have to do.
So I'm going to start with setting the offense level.
MR. RUDENSTEIN:
THE COURT:
Tell me what your position is.
MS. CARLE:
Well, Your Honor, I spoke with
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Yes, Your Honor.
Mr. Rudenstein prior to Your Honor coming --
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THE COURT:
Mr. who?
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MS. CARLE:
Mr. Rudenstein.
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THE COURT:
Oh, Rudenstein, yeah.
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MS. CARLE:
Prior to coming out -- Your Honor coming
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out on the bench, and we recalled that Your Honor found that
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there was not an enhancement for obstruction.
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that Your Honor --
We remembered
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THE COURT:
I do remember.
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MS. CARLE:
-- made that decision, and I believe
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Mr. Hardee brought to the attention --
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THE COURT:
That's Paragraph 62.
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MS. CARLE:
Yes.
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THE COURT:
On Page 14.
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MS. CARLE:
Yes.
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I believe that Mr. Hardee brought
to his counsel's attention and again, we had an opportunity to

Camden, New Jersey
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discuss, in terms of the drug amount, and I recall the
testimony throughout the course of the trial, ten kilos was
always discussed as the minimum that was promised in this drug
stash house, and so if we -- if we do take that as more of a
set figure, Mr. Hardee, I believe, through counsel, felt as
though he would be at a base offense level of 30 and then with
the enhancement of two points for the dangerous weapon would
result in a 32.
Ultimately, Your Honor, with the imposition of career
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offender status in 4(b)1.1, I believe it doesn't make too much
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of a difference because ultimately, the defendant ends up as a
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37 for an offense level.
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THE COURT:
So you want to throw him in jail for life
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for a crime that was -- never was going to happen and that was
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a fairy tale?
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MS. CARLE:
Unless we're switching roles and I get
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Article 3 protection, my job is to follow the law and the
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guidelines, and ultimately, that's what the guidelines result
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in.
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And so a 37 -THE COURT:
I haven't gotten through with the
guidelines yet.
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MS. CARLE:
I'm sure, Your Honor.
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THE COURT:
All right.
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MR. RUDENSTEIN:
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What's your position?
Well, I think that's exactly, Your
Honor, Ms. Carle and I discussed it before Your Honor took the

Camden, New Jersey
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bench, and I don't have much to say about that as far as that
goes, there's other things to talk about, though.
THE COURT:
MR. RUDENSTEIN:
THE COURT:
Oh, yeah.
Yeah.
All right.
Well, here is the calculation
I'm going to make, and it might help if you followed, starting
on Page 14, Paragraph 58.
begins, basically.
That's where the calculation
On Count 1 is the conspiracy to commit robbery, base
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offense level is 20.
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controlled substance was the object of the offense.
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makes it a 21.
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obstruction of justice and I also -- I gave him no adjustment
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for the role in the offense so I come out with a 21 on that
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one.
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Okay?
I have no problem with that.
A
That
I refuse to -- I crossed out the
Okay?
The base offense level, I do two things, because I feel
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that there was -- and I don't know -- the word "entrapment"
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clearly is a funny word, but I think that the -- giving --
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making the amount of kilos the amount that the DEA invented is
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a form of abuse of the process, if nothing else, and you may
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want to call it sentencing entrapment.
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it as 500 grams or more.
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of 500 grams, and I'm also going to downwardly depart from a
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six to a five.
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criminal status going down to a five.
But I'm going to give
I'm going to treat the offense level
In other words, I'm getting rid of his career

I can only go down one

Camden, New Jersey
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under the guidelines, but the result of those two changes
makes it a 24, okay?
The -- well, there's two adjustments but they cancel
each other out, on 65 and 67.
that means on Count 1, it's a 21 and on Count 2, it's a 24.
That gives one unit for Paragraph 70 and one unit on 71, which
means two units, which means that the 24 goes to a 26, okay?
So I'm going to sentence him at a 26, Criminal
So
History 5, which is 110 to 137.
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So I get a level of 24.
MS. CARLE:
Your Honor, could I just inquire with the
application of 4(b)1.1?
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THE COURT:
Yep.
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MS. CARLE:
My understanding is that his offense
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level would still remain and that's triggered by the count of
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conviction which is a ten to life.
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THE COURT:
I'm sorry?
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MS. CARLE:
His count of conviction, Count 2, is a
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ten to life case and so under 4(b)1.1 --
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THE COURT:
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So it's a five-year minimum.
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amount.
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want to.
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responsible for to 500 grams, and I think that makes it five
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to 40.
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But I changed that to -- to 500 grams.
I lowered the amount.
It's five to 40.
I changed the
Call it a departure if you
I'm changing the amount of drugs that he's
MR. RUDENSTEIN:
I believe so, Your Honor.

Camden, New Jersey
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THE COURT:
MR. RUDENSTEIN:
Anyway, I get 110 to 137.
Honor, respectfully.
THE COURT:
MR. RUDENSTEIN:
Sure, be respectful.
THE COURT:
MR. RUDENSTEIN:
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But -- are you talking about 67?

No, I'm talking about Paragraph 61
on Page 14, adjustment for role in the defense (sic), he was

found to be a minor role.
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THE COURT:
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MR. RUDENSTEIN:
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THE COURT:
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MR. RUDENSTEIN:
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THE COURT:
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Paragraph 61, I believe took two
points off the score because --
I just have one question, Your
I didn't give that.

You didn't give that.
No.
Okay.
I gave it -- on the other count, I did
give it.
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MR. RUDENSTEIN:
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THE COURT:
Okay.
On the -- so -- well, I didn't think he
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had a minor role in the -- in the robbery, but I did feel he
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had it in the --
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MR. RUDENSTEIN:
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THE COURT:
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MR. RUDENSTEIN:
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THE COURT:
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MR. RUDENSTEIN:
Conspiracy.
In the -- no.
The drug --
Oh, all right.
The drug part, the second count.

Okay.
I just wanted to make sure I

Camden, New Jersey
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was following along.
THE COURT:
No, you're following along.
Okay?
So the way -- as I say, I come out with a 26, criminal
history of 5, 110 to 137 months, five-year minimum, and so the
way I'm going to proceed is I'm going to ask Mr. Rudenstein to
make his presentation, Phase 3, then his client can address
the Court if he wishes to, and it's his right, his
constitutional right to do so, and then I'll hear from
Ms. Carle.
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MR. RUDENSTEIN:
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Honor.
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Honor --
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Okay.
Thank you very much, Your
I know I've submitted some written things to Your
THE COURT:
You did, and I've read it this -- just a
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few -- just about a half hour ago.
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MR. RUDENSTEIN:
I want to sort of start fresh,
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though, because we are dealing with guidelines that I might
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not have been dealing with when I submitted my written
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submissions.
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Your Honor, if we're starting at a 110 to 137, there's
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a lot that we know about the defendant and things that I
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summarized in my presentence memo.
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the greatest of upbringings and that's not an excuse for
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committing crimes, but I intend to differentiate between
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excuses and reasons, and I think that sometimes when you've
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had an upbringing that Mr. Hardee has had, there are reasons
He certainly did not have

Camden, New Jersey
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for why people do things.
I can say, Your Honor, that in speaking with Mr. Hardee
and, you know, he's been in for two-and-a-half years now,
we've talked, we've e-mailed, and I have seen an evolution in
him.
when I first became involved in the case, I think he was more
street-oriented, you know, maybe a little more resentful of
being prosecuted and things like that.
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And what I mean by that, Your Honor, to be quite frank,
THE COURT:
Hold on for a second.
(Brief interruption.)
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MR. RUDENSTEIN:
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THE COURT:
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MR. RUDENSTEIN:
May I continue, Your Honor?
Yes.
So what I was saying is when I first
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met him, Your Honor, I think he was more resentful of being
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prosecuted, a little more street-oriented, but now, Your
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Honor, after having sat, I know he's going to speak to the
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Court, I think what you're going to hear is that he
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understands why he's here, he understands why he's prosecuted
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and he doesn't want to come back, Your Honor.
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He has not led what any of us would call a righteous
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life, perhaps, but as Your Honor well noted when we were here
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the last time or the time before last, a lot of the activity
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that Mr. Hardee found himself involved in, I don't want to say
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was low level, but was maybe something less than major league,
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and at this point, Your Honor, I know that after having sat

Camden, New Jersey
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for two-and-a-half years in a federal prison facility that he
doesn't want to come back, and I think that quite bluntly,
he's much more respectful of the law right now than he was
when this all started out.
Your Honor, I have to look at everything, and looking
at everything and asking Your Honor to depart from the
guidelines, I really want to focus on a couple of things.
one thing that I would focus on, Your Honor, is the type of
offense we're looking at.
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And
I mean, if it was a real offense,
it would be a serious offense.
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I don't want to get into whether this is a good thing
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or a bad thing, that's for others other than me to decide, but
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I still have to note, Your Honor, that no one was hurt, it
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wasn't a real case, and frankly, Your Honor, we have a
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situation where Mr. Hardee -- and I said this once before and
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I really don't understand this, but Mr. Hardee is brought into
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this case by his codefendant and Mr. Hardee seems to be a man
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of average intelligence as he comes to the courtroom, but his
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lead defendant was not.
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I mean, even his own lawyers talked to you about that
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and, you know, I think it was Mr. Dennis, if I'm not mistaken,
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he had a lot of trouble, educationally and things like that,
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and so my client was being led along by absolutely the wrong
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person to take advice from.
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that.
I've also spoken to him about
I told him to be his own man, and I think he will

Camden, New Jersey
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address that.
So I think what we have here, Your Honor, is somebody
dragging along Mr. Hardee.
not saying he put a gun to his head, but, you know, Mr. Hardee
was given a set of facts which might be tempting to someone
who was living less than a righteous life and he was
influenced and he went along with it.
THE COURT:
MR. RUDENSTEIN:
10
11
THE COURT:
14
15
16
17
18
You know what my mother used to say?

What was that, Your Honor?
She used to say the absence of temptation
is the greatest of riches.
12
13
When I say "dragging along," I'm
MR. RUDENSTEIN:
And I often say, Your Honor, that's
one of my favorite sayings, walk in S-H-I-T, feet stink.

You know, you got to stay away from that kind of thing
in life.
THE COURT:
Or you lay down with dogs, you come up
with fleas.
MR. RUDENSTEIN:
Right.
Exactly.
And maybe
19
two-and-a-half years ago, Mr. Hardee did not quite get that,
20
but I think he gets it now.
21
with the other guys at FDC and, you know, most of them aren't
22
going home real quick, most of them are doing some serious
23
time, and I think he understands what he's looking at, and
24
frankly, he's scared.
25
He spent two-and-a-half years
So I would say, Your Honor, that this is a man who got

Camden, New Jersey
21
brought into this under maybe dubious circumstances and I
don't think that he will be a threat in the future.
And, look, sometimes the past predicts future and I
know he's had his troubles, but the most recent past for this
man, the most recent past is not doing three to 23 months on
State Road in Philly or getting probation.
past is doing two-and-a-half years in a federal prison and
looking at guidelines of up to life.
9
10
The most recent
So I think that's what got his attention and I think

that's reformed him.
I'd also --
11
THE COURT:
12
MR. RUDENSTEIN:
It would get your attention.

Yes.
I would also like to say, Your
13
Honor, that we -- we shouldn't have unnecessary disparity in
14
sentencing between people who are similarly situated.
15
don't think that my client and the codefendant are all that
16
similarly situated.
17
THE COURT:
18
Well, it's true.
MR. RUDENSTEIN:
20
THE COURT:
21
One codefendant got 180
but there was -- the gun charge was 60 of it.
19
Right.
So he got 120 and 60.
The other
defendant I think got 70 or something.
22
MS. CARLE:
23
THE RUDENSTEIN:
24
THE COURT:
25
MR. RUDENSTEIN:
I just
He was a cooperating defendant.

The cooperator, Your Honor.
The cooperator.
That's a little different.

Camden, New Jersey
22
THE COURT:
MR. RUDENSTEIN:
Yeah.
But the defendant who received the
ten years on the one charge and the consecutive five on the
gun charge, my client doesn't stand in that position because
clearly, he wasn't convicted on the gun charge.
So I think we start off comparing apples to apples.
You compare a ten-year sentence to what my client should get,
because I think that the crime is the same, they probably had
very similar criminal backgrounds and a lot of things are
10
similar.
11
THE COURT:
12
MR. RUDENSTEIN:
13
THE COURT:
14
MR. RUDENSTEIN:
15
Dennis.
I mean, similar between whom and whom?
Dennis?
THE COURT:
17
MR. RUDENSTEIN:
18
THE COURT:
20
Dennis.
I called him Daniels.
Mr. Dennis received basically a ten-year sentence --
16
19
What's his name, Daniels?
And five years on the gun charge.

Right.
Which by statute, I think, had to be
consecutive.
MR. RUDENSTEIN:
Consecutive.
But I'm not counting
21
that, Your Honor, simply because my client wasn't convicted of
22
the gun charge.
23
THE COURT:
24
acquitted, I think.
25
He was acquitted -- he was actually
MR. RUDENSTEIN:
He was acquitted of that, yes.

Camden, New Jersey
23
1
2
was his trial lawyer.
Plug for me.
But in any event, Your Honor, in any event, if you
compare apples to apples in ten years to what Mr. Dennis
received, then is it fair to give my client ten years for
that, which would be 120 months and within the guideline range
of 110 to 137?
it's fair.
should receive significantly less than what Mr. Dennis
received because Mr. Dennis stood in a different position.
I would respectfully submit that I don't think
I think if we compare apples to apples, my client
He
10
sat down with the government agents, I forget, five, six
11
times, just time after time, detailed, and if we take some of
12
the government's argument and extrapolate, what Mr. Dennis did
13
was to take the government's plot and to make it even worse by
14
recruiting my client.
15
position, and then -- this is where I guess Your Honor's
16
wisdom comes in, and what it comes down to is, well, if
17
Mr. Dennis got ten, similarly situated in a lot of ways but
18
dissimilar in key ways, what difference in sentencing would
19
make that, I guess, what we call fair.
20
So they don't stand in the same
Sometimes we overuse that word and sometimes it's an
21
appropriate word.
22
it's an appropriate word, what is fair under all of the
23
circumstances, and in my written submission, I made certain
24
suggestions and respectfully, Your Honor, I always hate to
25
throw out a number because once when I was a very young
Here, Your Honor, I respectfully -- I think

Camden, New Jersey
24
attorney, the Judge said to me later, I was going to give him
less, you tied my hands.
So I tend maybe not to do that, but at the same time,
Your Honor, if the other fellow got ten and my client's half
as culpable, then -- I'm not good at math, but I think it's
clear, if the Court felt that he should get even less than
that, you know, receive, quote, maybe a little bit of mercy
because of the totality of the circumstances, counsel doesn't
object to that either.
10
But I would submit on that, Your Honor, and ask under
11
the totality of the circumstances to deliver my client to a
12
safe place in his further life and hopefully, he can do some
13
good and rehabilitate and not come back as a criminal offender
14
but someone who can advise young people not to do this.
15
would be my presentation, Your Honor.
16
17
THE COURT:
That
Now, your client -- it's your client's
opportunity now to address the Court.
18
MR. RUDENSTEIN:
19
THE DEFENDANT:
Yes.
Your Honor, first, I would like to
20
apologize for my actions in this case.
21
talk about my upbringing and all that, but before Dennis even
22
came to me, I was out there working.
23
actions because I chose to do what I did, but since I been in
24
jail, I was, like, thinking about the future.
25
get to my jail, I just want to go to a jail where I can take
I'm not going -- not
I can't blame him for my
I was -- when I

Camden, New Jersey
25
up a trade or something, so when I get out, I don't have to go
back and do these type of things, and since I been at FDC, I
was doing, like, taking up little classes and stuff but them
little classes -- FDC don't got nothing to offer.
want to go to a jail where I can get some type of trade or
something.
THE COURT:
place that has good programs.
9
10
So I just
Yeah, unfortunately, the FDC is not a
MR. RUDENSTEIN:
I understand that.
When somebody is un-sentenced, Your
Honor, I think the availability of things are sometimes less.
11
THE COURT:
12
THE DEFENDANT:
13
MS. CARLE:
Okay.
Thank you very much.
You're welcome.
Well, Your Honor, I feel -- it's a little
14
tough, with all due respect, for me to argue because I'm not
15
even sure how we got to this position.
16
government, I have to say, during the course of trial, there
17
was a great deal of testimony from an expert DEA agent who
18
talked about how -- it was DEA Agent Eric Brown who testified
19
at trial, that how we got to this number, there's a great
20
offense that seems to be taken in the amount of cocaine, and
21
that amount is different all over the country, based upon what
22
is seen by the --
23
24
25
THE COURT:
But in defense of the
But it's usually very large, 10, 15, 20,
even 30, I think in some cases.

MS. CARLE:
It depends on the area.

Camden, New Jersey
26
Here, the testimony of Agent Brown was that, in fact,
they had recovered over ten kilograms of cocaine from a drug
stash house in southern New Jersey.
THE COURT:
On the other hand, out of a hundred
seizures or 200 seizures, 198 of them would be relatively
small amounts.
seizures, they got a large amount.
8
9
So fine, they have one out of several hundred
MS. CARLE:
But also, what I think is important to
note is that this same scenario has played out in a host of
10
cases and investigations, where the person simply walks away,
11
for whatever reason.
12
That was not the case here.
And I think it's important to note that while there has
13
been some time between now and the trial, that unlike many
14
cases that come to trial, here, we had the benefit of the
15
video and audio recordings of the defendant at the storage
16
facility, and we had the ability to listen to those, to
17
witness those.
18
19
20
THE COURT:
conspiracy.
There's no question he joined the
I mean, that's not an issue.
MS. CARLE:
But while we're -- you know, it's not at
21
issue, but also his understanding of what would be there, of
22
who would be inside, of what his role was to be, was clearly
23
discussed during the course of that video recording.
24
25
For example, in response to a question from the

undercover officer about whether the defendant knew, quote

Camden, New Jersey
27
unquote, the deal, the defendant responded, quote, yeah, I
know everything.
stash house, specifically, the defendant asked about the
actions of the occupants of the stash house, quote, sometimes
they just let you in and, expletive, because you be come in by
yourself.
confirmed his role in the conspiracy.
He also asked specific questions about the
They sittin' by the door?
Question.
The defendant
To this end, the defendant confirmed that he was,
quote, gonna tie him, meaning the undercover, up, end quote.
10
The defendant confirmed that he planned the robbery with his
11
coconspirators.
12
defendant confirmed that he was, quote, cool with everything
13
that they discussed, end quote, and that the coconspirators
14
were, quote, saying everything the undercover officer said,
15
end quote.
16
In the beginning of the meeting, the
The defendant confirmed that he knew the group was
17
planning a robbery.
18
that, expletive, already be in the bags, and expletive?
19
just grab the bags and roll out?
20
The defendant stated, quote, you say all

So we
End quote.
The defendant confirmed that the object of the robbery
21
was to steal cocaine.
22
the defendant asked the undercover officer, now, I said
23
kilograms, plural, whether, quote, that expletive pure,
24
question mark, that that good, expletive, that ain't even been
25
touched yet, question mark.
Referring to the kilograms of cocaine,

Camden, New Jersey
28
The defendant also commented to the undercover officer
that there is, quote, no good coke in the city, end quote, and
that, quote, there ain't too many people in Philly that got no
coke right now, end quote.
Finally, the defendant committed himself to the
conspiracy.
feeling in anticipation of the robbery, the defendant stated
that he, quote, don't feel nothing, end quote, and that he
was, quote, just ready, end quote.
10
When asked by the undercover officer how he was
It's also important to note, Your Honor, that a pair of
11
latex gloves was found in a pocket on the defendant's person
12
at the time of arrest.
13
from other individuals he was with, included the stun gun, if
14
you recall, 13 white plastic zip ties seized from the back of
15
the SUV, moments after the defendant exited that vehicle.
16
Also, the firearm that was part of the indictment.
17
Also, at the time of arrest, seized
I just bring these points out, Your Honor, to bring to
18
the attention of the Court so the proofs that played out at
19
trial.
20
of cocaine, which the defendant was convicted of.
21
And so that was the basis of the ten or more kilograms
In terms of his career offender status, I accept the
22
Court's finding, but obviously feel the need out of due
23
diligence to bring to the Court's attention that the defendant
24
was a career offender, not due to simply two predicate
25
offenses but three predicate offenses.

Camden, New Jersey
29
In addition, the defendant earned 17 criminal history
points over the course of several years which include seven
felony convictions.
namely, Page 20.
His other arrests take up an entire page,
THE COURT:
I'm sorry?
MS. CARLE:
His other arrests take up an entire page.
That would be Page 20.
THE COURT:
Oh, right.
MS. CARLE:
In terms of the sentencing entrapment,
I'm sorry.
10
Your Honor, I simply wanted to note just for purposes of the
11
record that the burden of proof is on the defendant to prove
12
sentencing entrapment by a preponderance of the evidence.
13
in the context of a fictional drug stash house robbery, that
14
might be shown by demonstrating that he lacked the
15
predisposition, either through a lack of intent or lack of
16
capability.
17
Here, the --
18
And
I would submit that that was not shown here.
THE COURT:
Well, the idea of increasing the amount
19
is to limit -- you know, is to create his desire to join it.
20
That's why you up the amount.
21
MS. CARLE:
Well, that may be applicable when it
22
comes to Mr. Dennis, but not so much when it comes to
23
Mr. Hardee, who was recruited by others.
24
25
In the Black case, I will simply note that is -THE COURT:
I'm sorry, the --

Camden, New Jersey
30
MS. CARLE:
The Black case.
That's also a 9th
Circuit case and that's at 733 F.3d 294, 2013, again a 9th
Circuit case.
conspiracy to possess cocaine with the intent to distribute
and use of a firearm in furtherance of the drug trafficking
offense.
they lacked intent or capability of taking 22 to 39 kilograms
of cocaine, which would prove lack of predisposition required
to establish the sentencing entrapment.
10
There, the defendants were convicted of
There, they -- the defendants failed to show that
They showed no reluctance about participating in the
11
crime, and there was no -- showed that the government induced
12
the defendant's participation in the fictitious robbery, but
13
simply presented them with the opportunity.
14
15
16
Here, we are even one more step removed because again,

Mr. Hardee was recruited by a codefendant, not the government.
So for those reasons, Your Honor, I would argue for a
17
sentence at the top of the range, given the fact that we
18
started, I believe, at a 360 to life and now find ourselves at
19
a guideline range of 110 to 137 months.
20
Given the prior criminal history, given the proofs that
21
the government presented at trial, that seems to be an
22
appropriate sentence.
Thank you.
23
THE COURT:
24
MR. RUDENSTEIN:
25
THE COURT:
Anything you want to add?
Okay.
No, Your Honor, no.

If I went to a cocktail party and

Camden, New Jersey
31
spoke to ten relatively intelligent people, not lawyers, just
people out there, and explained to them the stash house sting,
and then said the defendant was facing life imprisonment for
agreeing to participate in a non-existent crime that could
never have happened, all ten of them would think I'm crazy or
that the law was crazy, or is -- was it Dickens who said the
law is an ass?
If the law says that, the law is an ass.
To me, it's just bizarre and it's very interesting that
a couple of pretty smart judges, I think the genius of the 9th
10
Circuit whose name now escapes me, was a professor at Notre
11
Dame, wrote an opinion, dissent, in which he blasted the
12
government -- Posner, as written, who is another guy, who is
13
not only smart, he thinks he's smart and who -- but he's a
14
very articulate Judge, has blasted it.
15
a very uneasy feeling about this case.
16
You're just left with
As I say, there were two aspects to it.
Because the
17
crime is really nonexistent, there is no real crime being
18
planned, there really is not a danger to the public.
19
the public -- there's never a point where the public is in
20
danger, because the crime was never going to occur, and then
21
there's also, of course, the due process aspect, is that --
22
and I don't know, there was an article somewhere in which they
23
listed all the defendants and something like 75 percent of
24
them were minorities or poor.
25
recruited, is itself very questionable.
I mean,
The way these people get

Camden, New Jersey
32
When I look at 3553(a), I start with one being the
nature and circumstances of the offense, and the history and
characteristics of the defendant.
characteristics of the defendant are not his strong points.
mean, the simple matter is he has an assortment of serious
criminal offenses, accumulated at a relatively young age, you
know, and I have to say, there's no question in my mind that
the best predictor of future conduct is past conduct.
doesn't mean it's a hundred percent, thank God it's not, but
10
nevertheless, the extent one has to foretell the future, you
11
can't ignore 17 criminal history points, you know, and say,
12
there's no risk that he won't do it again.
13
Well, the history and

I
That
By the way, I'm not suggesting that Mr. Hardee is lying
14
to me.
15
through with this, and I have defendants come before me who
16
say I'm done with this type of lifestyle.
17
going to go straight, and I think they're telling me the truth
18
in the sense that they're not saying, I'm going to feed this
19
guy a line.
20
I think he means it when he says he wants to be
When I get out, I'm
But in reality, when it happens, and they get out in
21
the world, you know, whatever mix of psychological or inherent
22
characteristics, the risk of recidivism is still very great.
23
As I say, the past is prologued to the future, if you will.
24
So that's his worst feature.
25
In the same sentence, A 1, it says the nature and

Camden, New Jersey
33
circumstances of the offense.
strongest point.
noted, there are, in my mind, at least some due process
issues.
the uneducated, and I just find it very troubling that the
government dangles for what this man is a fortune, you know,
whatever his share of the 15 kilos would have been, for him,
that was a lot of money.
that suggests that he routinely dealt in such sums.
10
Well, that's maybe his
There -- there is no offense, really.
As I
There's issues of targeting the poor and targeting
There was nothing in his background
I just have trouble putting somebody away for life or
11
for, you know, a hugely long sentence for the crime that never
12
was, never could be and never would be.
13
matter is going up, I think, on appeal, and as I say, it
14
wouldn't bother me in the least if the Third Circuit put a
15
stop to the stash house stings.
16
And as I say, this
In the next -- Section 2 says to reflect a seriousness
17
of the offense.
18
nature and circumstances of the offense.
19
little offense that never was, and it's hard to say that the
20
public was in danger.
21
extent was members of the public put at risk by this?
22
was real cocaine and he was conspiring to steal real cocaine,
23
the public is at risk.
24
cocaine can be a very dangerous activity and all kinds of
25
people could be put at risk by doing that.
Well, that's really somewhat like one, the

Again, this was a
That, to me, is the big point.
To what
If it
Distributing five kilos of real
But here, it never

Camden, New Jersey
34
was going to happen, so there was no risk to the public.
MS. CARLE:
Excuse me.
THE COURT:
To afford adequate deterrence to criminal
conduct.
create deterrence.
anything like that is necessary for that purpose.
agree, there should be some deterrence.
8
9
Well, I think I have to give a sentence.
It does
I just don't think life or 20 years or

But I
To provide the defendant with needed educational and/or

vocational training.
That one is actually, in a sense,
10
justifies a sentence of some length, because I think he could
11
-- I know he doesn't agree with me, but he could -- he could
12
really benefit.
13
but, you know, we do get people in the federal prison system,
14
get college degrees and get training.
15
going to be his -- the strength of his character and I can
16
only pray that he has it.
17
It would take some work on his part to do it,
And then the kind of sentence.
To some degree, it's
Well, that's not
18
applicable.
19
Now, in putting it all together, primarily because of the
20
nature of the offense and the characteristics of the offense,
21
the actual words are, defendant does not have, let me get the
22
-- the nature and circumstances of the offense and to reflect
23
the seriousness of the offense.
24
25
Then there's the guideline range of 110 to 137.
Since I do not think this offense was as serious as the

government has made it out to be.
As I say, I believe there

Camden, New Jersey
35
really is a form of sentencing entrapment going on here.
-- I'm going to vary from a 26 to a 24.
to 115, from 110 to 137, based on the fact that I just don't
think this -- this offense was like a practical joke, more
than it was a real offense.
6
7
MS. CARLE:
The
I'm going to go to 92
Your Honor, I just wanted to make one
brief comment, just --
THE COURT:
Yes.
MS. CARLE:
There were guns that were brought and so
10
there was a danger to the public.
11
12
THE COURT:
There were guns.
There was no danger because there was
going to be no crime.
13
MS. CARLE:
Well --
14
THE COURT:
There was going to be no crime.
There
15
couldn't be.
16
the -- at the self-storage facility, there were cops all over
17
the place.
18
what they wanted him to say, they came crashing in on him.
19
And -- I just think this is the crime that never was and never
20
would be, and I don't think there was serious danger to the
21
public.
22
dangling before this guy, you know, five kilos of pure
23
cocaine, you know, as I said, it was, you know, there's
24
nothing in his history -- he's got a bad history, real bad,
25
but he doesn't deal with quantities like that.
There was no stash house.
The -- the meeting at
And as soon as -- as soon as they got him to say
I think there was sentencing entrapment, I think that

Camden, New Jersey
36
I don't know how he would -- I don't know what he would
have done with this if somebody had given him five kilos,
exactly how he would have gone about distributing it.
was the -- he was not a big timer.
I don't -- you know, so anyway, I'm going to go down from a 26
to a 24, and in Category 5 of 92 to 115, and I'm going to
sentence him to 92 months, and let me --
But he
He was a small timer, and
Pursuant to the Sentencing Reform Act of 1984, it is
the judgment of the Court that the defendant, Terrance Hardee,
10
is hereby committed to the custody of the Bureau of Prisons to
11
be imprisoned for 92 months.
12
the defendant shall be placed on supervised release for a term
13
of five years.
14
and term of five years on Count 2, all such terms to run
15
concurrently.
16
17
The term consists of three years on Count 1
By the way, on the main sentence, it's 92 months on

each of Counts 1 and 2 to run concurrently.
18
MR. RUDENSTEIN:
19
THE COURT:
20
21
Upon release from imprisonment,
Count 1 and Count 2, each 92 months to
run concurrently.
Within 72 hours from release from the custody of the
22
Bureau of Prisons, the defendant shall report in person to the
23
probation office in the district to which the defendant is
24
released.
25
not commit another federal, state or local crime, shall be
While on supervised release, the defendant shall

Camden, New Jersey
37
prohibited from possessing a firearm or other dangerous
device, shall not possess an illegal controlled substance and
shall comply with the other standard conditions that have been
adopted by this Court.
The defendant must submit to one drug test within 15
days of commencement of supervised release and at least two
tests thereafter as determined by the probation officer.
8
9
In addition, the defendant shall comply with the

following special conditions, and it's the alcohol and drug
10
testing provision.
11
to copy that into the judgment.
12
does not have the ability to pay a fine.
13
the fine in this case.
14
defendant shall pay to the United States a total special
15
assessment of $100 -- oh, $200, $100 for each count which
16
shall be due immediately.
17
It's in the presentence report, I'm going

The Court finds the defendant
The Court will waive
It is further ordered that the
The defendant is remanded to the custody of the U.S.
18
Marshals Service.
19
Prisons designate a facility for service of this sentence as
20
near as possible to the defendant's home address.
21
advising defendant of his right to appeal the sentence
22
pursuant to 18 United States Code Section 3742, subject to any
23
preexisting waiver that may limit that right.
24
in the case, so --
25
The Court recommends that the Bureau of
MR. RUDENSTEIN:
I'm
There was none
No.

Camden, New Jersey
38
THE COURT:
If the defendant is not able to pay, the
defendant may request the clerk of the court to file a notice
of appeal on his or her behalf.
I'm going to ask Mr. Rudenstein to do a favor for me.
MR. RUDENSTEIN:
THE COURT:
Yes, Your Honor.
And the favor is, after you consult with
your client, if he wishes to appeal, I want you to file a
notice of appeal on his behalf.
9
10
MR. RUDENSTEIN:
I would do that, Your Honor.
I'm
happy to continue on as appellate counsel.
11
THE COURT:
12
It's the Circuit's decision.
13
appoint you in a minute, but the defendant -- but I think if
14
you indicate to the Circuit that you're willing to do it, you
15
will get it.
That, unfortunately -- not unfortunately.
16
MR. RUDENSTEIN:
17
THE COURT:
18
Remember, it's not my -- I would
Yes.
But I think there has to be a separate
application to the Circuit.
19
MR. RUDENSTEIN:
20
THE COURT:
21
MR. RUDENSTEIN:
Very well.
As I understand it.
Right.
And before we proceed in
22
that matter, I want to discuss this matter with the
23
government.
24
THE COURT:
25
MR. RUDENSTEIN:
Well, that's up to you.

Yes.

Camden, New Jersey
39
1
2
THE COURT:
I mean, all I know is you've got 14 days
or whatever it is --
MR. RUDENSTEIN:
THE COURT:
Sure.
-- to file your notice of appeal.
want to make sure he doesn't lose -- that if he wants to
appeal, he doesn't lose his right to appeal.
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8
MR. RUDENSTEIN:
I will protect his rights, Your
Honor.
THE COURT:
And he, you know, look, Mr. Hardee, he
10
dodged a bullet big time today.
11
appreciates that, but he did.
12
MR. RUDENSTEIN:
13
THE COURT:
14
I just
I don't know if he
I think he understands it.
But that -- nevertheless, you know, he
has the right to appeal and, you know --
15
MR. RUDENSTEIN:
There's one further point, I don't
16
know if I have to bring it up or not, but just -- because I
17
don't want to waive any of his rights.
18
I know that the federal prison system, Your Honor, has
19
a drug treatment program, and I think that he would be
20
eligible for it given his circumstances, and I know if they
21
participate in that, they can knock some time off the
22
sentence, but I think I might have to ask Your Honor, do you
23
have any opposition to him participating in that?
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25
THE COURT:
here.
I don't know enough, quite candidly,
I'm not making -- I'm not opposing it but I'm not

Camden, New Jersey
40
making a recommendation either.
MR. RUDENSTEIN:
THE DEFENDANT:
He has to apply for it.

He has to apply for it.
If they ask
-- if somebody asks what does the Judge think, the Judge
things it's the decision of the Bureau of Prisons and has no
problem with it either way.
MR. RUDENSTEIN:
THE COURT:
9
10
the BOP.
So, you know, I'm going to leave that to
I think you are right, that -- intensive drug
MR. RUDENSTEIN:
Right.
I've had one other client go
through it.
13
THE COURT:
14
MR. RUDENSTEIN:
15
THE COURT:
16
Very good.
treatment program they have.
11
12
Okay.
You can get up to 12 months, I think.

Yes, I'm aware of it.
Depending on -- depending on
circumstances.
17
MR. RUDENSTEIN:
And I don't know if Your Honor said,
18
I know I didn't ask, the credit for time served, I would
19
request.
20
THE COURT:
21
it.
22
Prisons decision.
I don't know.
Well, the answer is I assume he'll get

It's not my decision.
23
MR. RUDENSTEIN:
24
THE COURT:
25
It's the Bureau of
I always ask.
If the Bureau of Prisons were to deny him
credit, because he will get a paper the first -- basically

Camden, New Jersey
41
within a couple of days, when he gets to wherever he's going
which will show whether he gets credit or not, and if he
thinks that he's denied credit to which he's entitled, then he
can bring on maybe 2241, I don't know, he could bring on --
MR. RUDENSTEIN:
THE COURT:
Motion to correct sentence.
A motion to correct sentence.
But in the
first instance, you would have to, A, take the administrative
appeal within the Bureau of Prisons, and if that were
unsuccessful, then he could bring on, you know -- but I see no
10
11
reason here why he wouldn't get the credit, I mean -MR. RUDENSTEIN:
That's what I'm trying to establish
12
because sometimes BOP might not be aware, there's no special
13
reason for this Court to deny credit.
14
THE COURT:
No, they will be aware, but it's not my
15
call in the first instance.
16
don't oppose it.
17
MR. RUDENSTEIN:
18
THE COURT:
It's not that I oppose it.
Right, I understand that.
But it's their call.
They have a right
19
to administer -- there has to be exhaustion of remedies,
20
administratively, and then if he's not satisfied with that,
21
well, fine, then he --
22
MR. RUDENSTEIN:
23
THE COURT:
24
MR. RUDENSTEIN:
25
MS. CARLE:
I understand.
Okay?
Yes, Your Honor.

Camden, New Jersey
42
THE COURT:
Okay.
MS. CARLE:
300 what?
THE COURT:
My 300th sentence.
MS. CARLE:
There you go.
(3:47 p.m.)
300th sentence.
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Camden, New Jersey

US vs. Hardee Sentencing Transcript 1/8/15

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US vs. Hardee Sentencing Transcript 1/8/15

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1

UNITED STATES DISTRICT COURT

THE HONORABLE JOSEPH E. IRENAS

OFFICE OF THE U.S. ATTORNEY

DAVID RUDENSTEIN, ESQUIRE

Certified as true and correct as required by Title 28,

United States District Court

(OPEN COURT, January 8, 2015, 2:52 p.m.)

Is that Mr. Rudenstein?

I want you to know we just rested in a

THE DEPUTY CLERK:

It is, Your Honor.

No, six weeks.

I've been talking with Mr. Spade.

to be trying a homicide in Philly.

I know a little bit about it because

Mr. Spade is a very capable lawyer.

I've known Mr. Spade for

The previous trial was

I know he's very active in the Eastern

Very intelligent man.

Yeah, he's -- and he has a very nice

manner about him.

-- doing -- but he has a nice manner.

manner about them.

I mean, not only is he obviously bright,

They all have a nice

Judge, my ears are burning.

United States District Court

I didn't know you were here.

Anyway -- see, my eyesight is not so hot.

Are you here?

So I just saw four blurs here.

Is it true, Mr. Rudenstein, that you've agreed

to serve three-quarters of your client's sentence?

what I read in your papers?

I hadn't gotten around to that, Your

Honor, but I have offered --

I think that would be fair.

He'll do one quarter of it and you do

Well, that might be appropriate

This is the day set for the

sentencing of Terrence Hardee.

How do you pronounce it, Hardy

So this is the sentencing of

This is one of those -- they call it the stash

United States District Court

country, and the -- oh, let's have the appearances of counsel

first, let's at least do that.

Thank you, Your Honor.

Jacqueline Carle, assistant United States Attorney on behalf

And thank you, Your Honor, David

Rudenstein, CJA, on behalf of Mr. Hardee.

I've been blessed with nothing but nice

What can I say?

That's as good as it gets, right, Judge?

That's as good as it gets.

Judge, in preparing for today, I spoke to

bring it to the Court's attention.

affects much of what we'll do here today.

to your attention, I placed a copy on the bench.

It's only a couple pages.

I don't know that it

I'm sorry, oh, is that what this is?