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8/8/2019 USA v DARREN WESLEY HUFF - 11 - Official Transcript of Initial Appearance 5-3-10
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IN THE UNITED STATES DISTRICT COURT1
FOR THE EASTERN DISTRICT OF TENNESSEE2
NORTHERN DIVISION3
4
UNITED STATES OF AMERICA, )5
)6
Plaintiff, )7
) No. 3:10-MJ-10258
) Knoxville, TN.9
vs. ) May 3, 201010
) 9:30 a.m.11
DARREN WESLEY HUFF, )12
)13
Defendant. )14
15
TRANSCRIPT OF INITIAL APPEARANCE16
BEFORE THE HONORABLE C. CLIFFORD SHIRLEY, JR.17
UNITED STATES MAGISTRATE JUDGE18
APPEARANCES:19
20
For the Plaintiff: A. WILLIAM MACKIE, ESQ.21
JEFFREY THEODORE, ESQ.22
U.S. Department of Justice23
Office of U.S. Attorney24
800 Market Street, Suite 21125
Knoxville, TN. 3790226
27
For the Defendant: PAULA R. VOSS, ESQ.28
JONATHAN A. MOFFATT, ESQ29
Federal Defender's Services30
of East Tennessee, Inc.31
800 S. Gay Street, Suite 240032
Knoxville, TN. 37929-971433
34
___________________________________________________________35
JIMMIE JANE McCONNELL, LCR #001, CLA, CCR36
MILLER & MILLER COURT REPORTERS37
12804 Union Road, Knoxville, Tn. 3793438
Phone: 865-675-1471 / Fax: 675-639839
Email: [email protected]
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tell the truth, the whole truth, and nothing but the truth,1
so help you God. If so, please say I do.2
THE DEFENDANT: I do.3
COURTROOM DEPUTY: Please state your full4
name for the record.5
THE DEFENDANT: Darren Wesley Huff.6
THE COURT: All right. Mr. Huff, you're here7
because a criminal complaint has been issued against you and8
you were arrested pursuant to that criminal complaint.9
Are you aware of that?10
THE DEFENDANT: Yes, sir.11
THE COURT: Have you had a chance to read the12
criminal complaint?13
THE DEFENDANT: Yes, sir.14
THE COURT: All right. I'm going to go over15
it with you in just a minute because I want to be sure you16
understand what you're being charged with.17
Before we do that, I want to be sure that you18
understand this is just what we call an initial appearance19
with regard to those charges.20
Do you understand that?21
THE DEFENDANT: Yes, sir.22
THE COURT: All right. What we're going to23
do here is some preliminary matters, like, I want to be sure24
you understand your rights. And first and foremost among25
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those rights is the right to remain silent.1
Do you understand that right?2
THE DEFENDANT: Yes, Your Honor.3
THE COURT: Do you understand that that means4
you have the right not to make any statement that5
incriminates you or make any statement at all?6
Do you understand that?7
THE DEFENDANT: Yes, sir.8
THE COURT: Do you understand that that means9
you have the right to not make any statements to me or to10
any governmental officials or any government agents?11
THE DEFENDANT: Yes, sir.12
THE COURT: Do you understand that means if13
you do agree to be questioned you have the right to have an14
attorney present with you during any questioning and you15
have the right to stop that questioning at any time?16
Do you understand that?17
THE DEFENDANT: Yes, sir.18
THE COURT: If you give up that right and you19
start talking to anybody, making any statements, making any20
comments to anybody about anything, whatever you say could21
come back and be used against you; not only in this hearing22
but at trial or any other hearings.23
Do you understand that?24
THE DEFENDANT: Yes, Your Honor.25
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THE COURT: Another right you have is the1
right to be represented by counsel. That means you have the2
right to have an attorney. If you can hire an attorney, if3
you prefer to do that. If you cannot afford to hire an4
attorney, then you can ask that the Court appoint one for5
you; and, if I find that you qualify financially, I'll do6
that.7
Let me ask you first: Have you hired a8
lawyer?9
THE DEFENDANT: No, sir.10
THE COURT: Can you afford to hire a lawyer?11
THE DEFENDANT: No, sir.12
THE COURT: Would you like me to appoint one13
for you?14
THE DEFENDANT: Yes, sir.15
THE COURT: And in support of that request,16
have you just now filled out and signed a financial17
affidavit?18
THE DEFENDANT: I believe so.19
THE COURT: Okay. Is the information on20
there correct?21
THE DEFENDANT: Yes, sir.22
THE COURT: You are not currently employed?23
THE DEFENDANT: Correct.24
THE COURT: And been out of work for about a25
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year?1
THE DEFENDANT: About a year, yes.2
THE COURT: All right. It appears that you3
do qualify to have counsel appointed for you.4
Ms. Voss, would you be willing to accept5
appointment in this case?6
MS. VOSS: Yes, sir, we will.7
THE COURT: Okay. You and Mr. Moffatt both8
are going to be appointed on this matter.9
MS. VOSS: Sure.10
THE COURT: Okay. Apparently I'm going to11
appoint you the entire office of the Federal Defender's12
Services.13
MS. VOSS: If we've got too.14
THE COURT: That's right. Both Ms. Voss and15
Mr. Moffatt will be assisting you throughout the remainder16
of this matter. Okay?17
All right. Now, Mr. Huff, you indicated you18
had received a copy of the criminal complaint; is that19
correct?20
THE DEFENDANT: Yes, sir.21
THE COURT: And did you have a chance to read22
it?23
THE DEFENDANT: Yes, sir.24
THE COURT: How far did you go in school,25
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sir?1
THE DEFENDANT: High school.2
THE COURT: Are you able to read okay?3
THE DEFENDANT: Yes, sir.4
THE COURT: And when did you first have a5
chance to read it?6
THE DEFENDANT: This morning.7
MS. VOSS: Your Honor, I actually had an8
opportunity to read through the complete affidavit with him9
at the table.10
THE COURT: You haven't seen it before today?11
THE DEFENDANT: No, sir.12
THE COURT: Okay. You're charged with13
Traveling Interstate Commerce with Intent to Incite a Riot.14
Are you aware of that?15
THE DEFENDANT: Yes, sir.16
THE COURT: And you're charged with17
Transporting in Commerce a Firearm in furtherance of a Civil18
Disorder.19
Do you understand that charge?20
THE DEFENDANT: Yes, sir.21
THE COURT: Do you want me to go over the22
affidavit with him, Ms. Voss, or do you feel like he23
understands the particulars behind those charges?24
MS. VOSS: We'll waive the reading of the25
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affidavit. He understands the charges.1
THE COURT: All right. Do you feel like you2
do understand what you're being charged with, Mr. Huff?3
The DEFENDANT: Yes, sir.4
THE COURT: All right. Mr. Mackie, you or5
Mr. Theodore, would you be willing to advise Mr. Huff as to6
what the potential penalties are for each of these charges?7
MR. MACKIE: Yes, Your Honor. Mr. Huff, in8
the criminal complaint you have been charged with two9
offenses: First, violation of Title 18 U.S.C. Section10
2101(a); that is Traveling Interstate Commerce with the11
Intent to Incite a Riot; and secondly, with violation of12
Title 18 U.S.C. Section 231(a)(2), Transporting in Commerce13
of Firearms in Furtherance of Civil Disorder.14
Each one of those offenses have the same15
maximum penalty under the statute; that being a maximum16
penalty of five years imprisonment, $250,000 in criminal17
fines. Both the fines and the imprisonment could be imposed18
by the Court.19
Up to three years of supervised release could20
be imposed by the Court following any terms of imprisonment.21
If you violate the terms of that supervised release as22
imposed by the Court, you could face an additional two years23
of imprisonment.24
And there's a $100 special assessment25
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assessed by the Court upon conviction.1
If you're convicted of both offenses and2
sentenced consecutively, that being the maximum the statute3
would allow, that would be a maximum penalty of ten years4
imprisonment, $500,000 in criminal fines. Both the fines5
and the imprisonment could be imposed.6
Up to six years of supervised released with a7
maximum of four years, if you violate the terms of the8
supervised release.9
And a $200 special assessment.10
That is the maximum penalty under the11
statute, not necessarily what you would be sentenced to but12
what the law permits as a maximum penalty.13
THE COURT: All right. Do you understand14
what the potential penalties are there, Mr. Huff?15
THE DEFENDANT: Yes, sir.16
THE COURT: All right. Now, first off, you17
are entitled to have a preliminary hearing with regard to18
the criminal complaint to determine if there is probable19
cause to believe that the offenses charged have been20
committed and if there is probable cause to believe that you21
committed them.22
I'm going to ask your attorneys first if they23
have discussed that with you and if such a preliminary24
hearing is desired?25
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MS. VOSS: Your Honor, we have discussed this1
with the Government. And due to the fact that I believe2
we've reached an agreement with regard to detention, we will3
also waive the preliminary hearing at this time.4
THE COURT: Okay. Have you had a chance to5
discuss that with Mr. Huff?6
MS. VOSS: Yes we have, Your Honor.7
THE COURT: All right. Mr. Huff, you8
understand you have the right to have that hearing; and if9
you waive it, waiving means you'll be giving up the right to10
have that hearing.11
Do you understand that?12
THE DEFENDANT: (Inaudible)13
THE COURT: All right. With regard to14
detention or release, Mr. Mackie or Mr. Theodore, what's the15
Government's position?16
MR. MACKIE: Your Honor, the United States17
would seek an order of temporary detention until May 3rd and18
then release on certain conditions which the Government can19
outline at this time under -- and then other certain20
conditions which would include home confinement, electronic21
monitoring, relinquishment or turning over any weapons in22
the house, and no possession of any weapons.23
No contact with Walter Francis Fitzpatrick or24
any other person associated with Mr. Fitzpatrick; no contact25
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with any members of the Georgia Militia or an organization1
known as the Oath Keepers, as well as other standard2
conditions of release that the Court would impose.3
And I do believe, just to make sure, I4
believe I requested also electronic monitoring as a5
condition to home detention.6
THE COURT: Where is his address?7
MR. MACKIE: Excuse me, Your Honor?8
THE COURT: Where would he be confined?9
MR. MACKIE: At his home in Dallas. You mean10
as far as the --11
THE COURT: Dallas, Georgia?12
MS. VOSS: Yes, Your Honor.13
MR. MACKIE: Yes, uh-huh.14
THE COURT: What's the address?15
MS. VOSS: What's your address?16
THE DEFENDANT: 615 Shoals Trail.17
MR. MACKIE: I believe I -- I understand it18
to be -- is it Shoals Trail? 617 Shoals, S-h-o-a-l-s, Trail19
in Dallas, Georgia. And restriction on -- well, he has home20
confinement but also the ability to travel with permission21
of the probation office to meet with counsel.22
THE COURT: Do you know who will be doing the23
-- who would be the probation office for that area?24
MR. THEODORE: No, sir. We will find that25
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organization that's involved in the efforts to enforce -- I1
mean --2
THE COURT: I'm trying to figure out how do I3
put that in my order.4
MR. MACKIE: Right, in terms of the order.5
Let me check.6
Your Honor, we'd just say no contact with7
Walter Francis Fitzpatrick.8
THE COURT: All right. First off, Mr. Huff,9
why don't you and Ms. Voss go ahead and have a seat. Sorry10
about that.11
All right. All right. What about you, Ms.12
Voss, what do you say?13
MS. VOSS: Your Honor, I think, again, this14
is kind of new to us. But those restrictions are all15
agreeable to Mr. Huff. We did discuss them with him. He16
has no desire to come back up here right now except to talk17
to counsel. And has agreed to the home confinement and18
monitoring, if possible.19
THE COURT: Why does he need to be -- why do20
we have to have this detention and release?21
MR. MACKIE: Your Honor, in looking at22
3142(d), order for temporary detention, our concern is that23
there is an event occurring tomorrow which was in24
Madisonville that is another hearing relating to Mr.25
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Fitzpatrick which prompted the first interstate travel to1
what we're alleging to incite a riot or cause a civil2
disturbance.3
And even with the terms of condition relating4
to home detention, we believe that in the interest of public5
safety we believe there are going to be other people there6
tomorrow. We just would rather seek detention for that7
temporary time because we do believe that under (d)(2) that8
Mr. Huff could well pose a danger to the community by9
violating any terms of condition of release; which, again,10
he could travel the interstate to go over there and we11
believe that could cause a threat to the community.12
The Government's position is essentially13
something of a -- we believe it's a reasonable condition.14
It's something of a compromise from seeking detention for15
the reasons that were stated; that we believe there are16
other members out there, whether it be the Georgia Militia17
or others that he has admitted to and we know have been18
associated with, that have been involved in a civil19
disturbance. So far it has not resulted in any violence.20
But we were concerned at the time on April 20th and21
concerned as of tomorrow that it could escalate to that.22
THE COURT: Well, why don't I just put him on23
home detention starting today?24
MR. MACKIE: Well, Your Honor, home detention25
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would allow him to leave. I mean, if he's on home detention1
he could leave and show up tomorrow and would be violation2
of the terms of bond certainly.3
But we're concerned --4
THE COURT: Well, that could be an argument5
for detention in every case; that if you violated the terms6
of your release. You know?7
MR. MACKIE: Absolutely, Your Honor. I'm8
just saying, that as a mechanism --9
THE COURT: Here's my concern. There's a10
hearing tomorrow that you are concerned about. Right?11
MR. MACKIE: Correct, Your Honor.12
THE COURT: What if that's continued for a13
week, two weeks, and everybody is going to come back again.14
Do I have him arrested again --15
MR. MACKIE: Well, Your Honor --16
THE COURT: -- and held in detention until17
that time period passes again? And then what if it's18
continued again? Do I have him incarcerated every time19
there's a hearing?20
MR. MACKIE: No, Your Honor. We -- you know,21
that is a contingency of which may happen or may not. We do22
know that it is being set for tomorrow. Whether or not it23
gets continued, we can't tell. But we do know it will be24
held tomorrow and we do know that people were intending and25
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are planning to be there.1
So that is a certainty and we can only2
operate on a certainty. To the extent that it gets3
continued by two weeks, well then we're not going to seek4
temporary detention for that date.5
THE COURT: Why not?6
MR. MACKIE: Well, because at this point,7
Your Honor, we know this is held tomorrow. We don't know8
that it's going to be continued. So I'm only acting on the9
facts that we know today.10
THE COURT: What do you say, Ms. Voss?11
MS. VOSS: Certainly Mr. Huff would prefer to12
go home today, Your Honor. But we have tried to negotiate13
an agreement. I think he would be perfectly safe down in14
Dallas, Georgia. He has told us numerous times that he has15
no intention of coming back.16
But, again, we're trying to negotiate this so17
that we don't have to have a full hearing, have to keep him18
in jail until next week. There are a lot of considerations.19
He would certainly prefer to go home today.20
And I have every confidence that he would21
follow the terms the Court places on him.22
THE COURT: I don't think I've ever done23
that. I'm trying to think.24
Do you know of any time, Mr. Mackie or Mr.25
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Theodore, where we've detained somebody and then released1
them?2
MR. MACKIE: Not personally, Your Honor.3
THE COURT: Ms. Voss?4
MS. VOSS: Other than Ms. ******, perhaps, we5
have not.6
THE COURT: Was she released directly or did7
she have to come back here?8
MS. VOSS: She had to come back here and go9
back into detention until we had a placement for her. So we10
did it in that case.11
THE COURT: One preliminary matter. This12
matter is currently under seal. Is there any reason for it13
to remain underseal?14
MR. MACKIE: It's removed. Unsealed.15
THE COURT: Okay. And you want him detained16
until when? You said 5-3, but I take it that's wrong.17
MR. MACKIE: Excuse me. That would be May18
5th, Wednesday.19
THE COURT: What time?20
MR. MACKIE: 9:00 a.m.21
THE COURT: When is the hearing?22
MR. MACKIE: Excuse me, Your Honor?23
THE COURT: When is the hearing you're24
concerned about?25
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MR. MACKIE: That would be tomorrow morning.1
I'm not sure of the time. I believe it's -- tomorrow2
afternoon. Excuse me.3
THE COURT: How long has he been in custody,4
Mr. Mackie?5
MR. MACKIE: He has been detained, I believe,6
since Friday afternoon.7
THE COURT: Is that when he was arrested --8
MR. MACKIE: When he was arrested.9
THE COURT: -- picked up?10
MR. MACKIE: In Sevier County?11
MR. THEODORE: Knox County.12
MR. MACKIE: In Knox County. I'm sorry. I13
was not here on Wednesday. He was arrested here in Knox14
County.15
THE COURT: He was here in Knox County?16
MR. THEODORE: Yes, Your Honor.17
THE COURT: Was he involved in some ulterior18
activity at that point?19
MR. MACKIE: Your Honor, it's my20
understanding that he was traveling between different county21
seats seeking to enlist the assistance of county sheriffs to22
enforce citizen arrest warrants that Mr. Fitzpatrick had23
issued previously.24
And, Your Honor, just --25
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THE COURT: So you felt like he was involved1
in the same type of activity when he was arrested on Friday.2
MR. MACKIE: Same activity. He came back3
from Georgia into Tennessee for continuance of the same4
activity of which is alleged in the criminal complaint.5
I would also note that on April 30th that Mr.6
Huff did sign a waiver as to immediate appearance before a7
magistrate judge.8
THE COURT: Does he know the legality of such9
a waiver?10
MR. MACKIE: Yes, we have a signed waiver;11
what we call the Corley waiver.12
THE COURT: Right. Where does it say in13
Corley that you're entitled to waive such a thing?14
MR. MACKIE: I'm sorry, Your Honor?15
THE COURT: Where does it say in Corley that16
you can waive Rule 5?17
MR. MACKIE: It states -- what he signs -- I18
mean, what he stated was that he understands he has a right19
to be taken to the court without unnecessary delay and that20
he waived that right until a hearing today.21
THE COURT: Well, is it your contention that22
the Government can hold anybody as long they want as long as23
they have a waiver and they don't have to comply with Rule24
5?25
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MR. MACKIE: No, Your Honor.1
THE COURT: Then what's that waiver; that2
says you can hold him and not comply with Rule 5?3
MR. MACKIE: Your Honor, it's my4
understanding that at the time that he agreed to have the5
waiver for the weekend until appearance today.6
THE COURT: All right. Well, I'm going to7
look at the detention issue.8
I would suggest you look at Corley. I've9
read it. I don't see anything like that in it. I see a10
reference in a dissent that the Supreme Court rejected. And11
so you tell me where it comes from.12
MR. MACKIE: We shall, Your Honor.13
THE COURT: Because the result is you can14
hold somebody for a month and just say I have a waiver, and15
waive their right to appear in court. That's not what the16
rule says. The rule says it doesn't say they have a right.17
The rule says you must present them. One of the few things18
that says "must."19
I'm going to look at these issues with regard20
to detention on release, and I'll come back in just a couple21
of minutes and tell you what I think.22
COURTROOM DEPUTY: All rise.23
(A recess was taken.)24
COURTROOM DEPUTY: All rise. This Honorable25
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Court is once again in session. Please come to order and be1
seated.2
THE COURT: All right. Although we haven't3
had a full-blown hearing, I've taken into account everything4
that everybody said on behalf of the Government and the5
Defendant, as well as the probation office.6
And I also decided to look into 3142(g)7
factors. And other than the fact that there's a gun8
involved, there doesn't appear to be any other factors that9
would even strongly argue for detention in this case.10
Finally, I think that while there is some11
issue about whether Mr. Huff might pose a danger to the12
community or certain individuals, I think that the Court can13
fashion conditions of release that will reasonably assure me14
that he won't pose such a danger.15
So, Mr. Huff, the long and short of all this16
is I'm going to release you today. But you need to17
understand that this is what we call a conditional release.18
You also need to understand that by virtue of the19
allegations and the arguments in favor of detention that20
it's very important that you comply with each and every one21
of these conditions.22
Do you understand that?23
THE DEFENDANT: Yes, sir.24
THE COURT: I'm going to go over them with25
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you so that there's no question in your mind when you leave1
here as to what those conditions are and my expectations2
with regard to them. All right?3
Now, the first is you're not to violate any4
federal, state, or local law while you're out on release.5
Do you understand that?6
I need you to speak up. I'm recording this.7
THE DEFENDANT: Yes, sir.8
THE COURT: And I need you to understand I'm9
not making any judgement on the charges in this case or any10
of the allegations.11
THE DEFENDANT: Right.12
THE COURT: But this doesn't have to do with13
anything with regard to what you think about a law or what14
you believe about a law; whether you like it or whether you15
don't like it. If you violate it, you're going straight to16
jail; not for the charges in the complaint, but because you17
violated my order.18
Do you understand that?19
THE DEFENDANT: Yes, sir.20
THE COURT: You're to cooperate in the21
collection of any DNA sample, if that's authorized.22
You're to advise the court, your attorney,23
your probation officer, the U.S. Attorney's Office,24
everybody, if you change your address or you change your25
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THE COURT: Okay. Now, we'll get to that in1
just a minute. But I want you to be sure you understand2
that. It's important I know where you are and how to get in3
touch with you at any given time.4
Do you understand that?5
THE DEFENDANT: Yes, sir.6
THE COURT: All right. The next is that you7
are to appear in court as required and to surrender for8
service of any sentence that might be imposed.9
Do you understand that condition?10
THE DEFENDANT: Yes, sir.11
THE COURT: Now here's the specific12
conditions:13
Number One: You're to report to your14
probation officer in Marietta, Georgia who is going to be15
Jeffrey Caldwell. You report to Mr. Caldwell tomorrow at16
11:00 a.m. I haven't been able to talk to Mr. Caldwell17
directly yet, but I'm going to tell him to hold you there,18
fill out your paperwork, do all your processing, everything,19
and to stay there until whatever hearing it is that's in20
Monroe County is over with. Okay?21
THE DEFENDANT: Okay.22
THE COURT: So that will assure you're not in23
Monroe County but you don't have to be in jail. Okay? You24
may not like sitting at the probation office a couple of25
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hours, but I assure you it beats being in jail.1
Now, if you don't show up at eleven, I'm2
going to have an arrest warrant issued for you and it will3
be effective in Tennessee and Georgia and they'll be looking4
for you to arrest you at 11:05. Okay?5
THE DEFENDANT: Yes, sir.6
THE COURT: And I've got the phone number on7
here that will be on the paper on how to get in touch with8
Mr. Caldwell.9
Now here's your other condition. You're to10
maintain or actively seek employment. Okay? I know times11
are tough but here's what else I know, and Ms. Voss and Mr.12
Moffatt can probably support this. The vast majority of13
those people who get out on bond just like you who don't14
work always end up violating and end up going to jail. The15
vast majority that work while they're out never do violate.16
So statistically, if you want really good17
odds, you ought to get you a job. Now, my guess is you've18
tried and I understand you've had some business setbacks.19
There's a lot of what some people consider menial jobs. I20
don't use that term because I've held them all. Okay? And21
candidly if it's good enough for me, it's good enough for22
everybody else in my mind. You can stack groceries at23
Kroger like I did. You can work at a fast food place, you24
can go look for a job at a 7/11, something like that, and25
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try to get on with a construction company.1
All I'm saying is that if you can be employed2
it keeps you from a lot of the down time that allows people3
to violate. Okay?4
THE DEFENDANT: Yes, sir.5
THE COURT: You are to abide by the following6
restrictions on your travel. You're not to travel outside7
the State of Georgia without permission of your probation8
officer.9
THE DEFENDANT: Yes, sir.10
THE COURT: You are not to have a presence in11
Monroe County, Tennessee, period.12
THE DEFENDANT: Yes, sir.13
THE COURT: You're also to avoid all contact,14
directly or indirectly, with the following people: Walter15
Fitzpatrick, any governmental employees or officials of the16
State of Tennessee, or any county officials in Tennessee17
including Monroe County, Tennessee officials.18
Do you understand that?19
THE DEFENDANT: Yes, sir.20
THE COURT: You're also to avoid any contact21
directly or indirectly with any past or present members of22
the Grand Jury of Monroe County.23
Do you understand that?24
THE DEFENDANT: Yes, sir.25
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THE COURT: And you're to avoid contact1
directly or indirectly with any member of any Georgia2
Militia or, I put in quotes, "Oath Keepers." You know who3
they are.4
THE DEFENDANT: Yes, sir.5
THE COURT: All right. You're to refrain6
from possessing any firearm, any dangerous devise, or any7
dangerous weapon. So you understand that whatever may or8
may not be in your house, your cars, barns, whatever, need9
to be removed. Because if you are in the presence of them10
you could be considered in possession of them.11
Do you understand that?12
THE DEFENDANT: Yes, sir.13
THE COURT: You're also to participate in the14
following restriction on your comings and goings. I'm going15
to place you on home detention. Home detention means you're16
restricted to your residence at all times except for going17
to and being employed; education, but you're not seeking any18
education; religious services; medical treatment; mental19
health treatment; attorney visits; court appearances; or20
other activities approved by your probation officer. Okay?21
Yes, sir.22
THE COURT: Other than that, you must be in23
your home.24
To ensure that, I'm going to require you to25
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be on electronic monitoring. They do not have GPS1
monitoring at that facility in that probation office. So2
I'm going to have to put you on the RF, radio frequency,3
monitoring which does require you to have that land line.4
Okay? So I'm going to order you to obtain a land line5
immediately.6
This is the other one that's really important7
that you understand. I'm restricting you to your residence.8
When you leave here, you go straight to your home. You're9
restricted to your residence 24 hours a day until that10
electronic monitoring is set up, except for that visit to11
your probation officer tomorrow at eleven. Okay?12
THE DEFENDANT: Yes, sir.13
THE COURT: So anybody comes by to check on14
you, you best be there. If you've gotten in your truck and15
driven down to the local drugstore to get some smokes,16
you're going straight to jail. Okay?17
I use that as an example because I had a guy18
do that. Okay? That's a pretty dumb way to end up in jail19
in my mind. But it shows me that they didn't care for the20
conditions I put them on.21
THE DEFENDANT: I make my own, so we're okay.22
THE COURT: Okay. Well, if you go out for23
anything you understand?24
THE DEFENDANT: Yes, sir.25
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THE COURT: All right. I'm going to be1
seeing how you do on your release. And if you violate even2
the smallest condition, you're likely to have your whole3
release revoked. So the bottom line is if you want to stay4
out, mind these rules. If you don't, I can accommodate that5
too. All right?6
Now, a couple of things. On the last page7
where you signed are certain penalties and sanctions, the8
first one tells you that if you violate any of these9
conditions of release you're subject to being arrested and10
having your own release revoked. I've been telling you that11
over and over all morning.12
The other two things that are real important13
here: One, it says while you're out on release, if you're14
out on a court ordered release and you were to commit a15
felony, a federal felony, you could be subject to up to an16
additional ten years in prison for doing that while you're17
out on release. And if you even commit a misdemeanor,18
you're subject to up to an additional one year in prison for19
doing that.20
Do you understand?21
THE DEFENDANT: Yes, sir.22
THE COURT: The other is it tells you it's a23
crime punishable by up to another ten years in prison if you24
were to obstruct a criminal investigation; or if you were to25
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tamper or attempt to tamper with any witness, any victim, or1
any informant; or if you were to retaliate or attempt to2
retaliate or intimidate; or attempt to intimidate any3
witness, any victim, or any informant.4
Do you understand that?5
THE DEFENDANT: Yes, sir.6
THE COURT: The bottom line I always tell7
people sitting there is if you know anybody that might8
possibly be involved in this case and you see them coming9
down the street, I'd go to the other side of the street just10
so there's not any question. Because if somebody raises an11
issue about it, I'm going to be concerned. Okay?12
THE DEFENDANT: Yes, sir.13
THE COURT: All right. Now, do you14
understand all those conditions?15
THE DEFENDANT: I believe so, sir.16
THE COURT: All right. Do you have any17
questions about them?18
THE DEFENDANT: No, sir.19
THE COURT: Can you keep them all?20
THE DEFENDANT: I believe so.21
THE COURT: Well, believing so is not good22
enough for me.23
THE DEFENDANT: It will be my absolute utmost24
intent to abide by them to the absolute best of my ability,25
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sir.1
THE COURT: It's a simple yes or no question.2
Will you follow the conditions or not?3
THE DEFENDANT: Yes, sir.4
THE COURT: And you promise me you will?5
THE DEFENDANT: I certainly do, sir.6
THE COURT: Do you understand what will7
happen if you don't?8
THE DEFENDANT: Unfortunately I do, sir.9
THE COURT: And what would that be?10
THE DEFENDANT: I'll be coming right back up11
here to stay for a while.12
THE COURT: Yes. Okay. Instead of going13
through that door, you may go through that door.14
THE DEFENDANT: Yes, sir.15
THE COURT: Any questions about those, Mr.16
Mackie?17
MR. MACKIE: No, Your Honor.18
THE COURT: Ms. Voss?19
MS. VOSS: No, sir. Thank you.20
THE COURT: Is the number 0309 or 0369 for21
Mr. Caldwell?22
UNIDENTIFIED SPEAKER: 0369.23
THE COURT: Let me change that. We'll get24
him a copy too. All right. If you'll hand that up to Mr.25
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Mackie first.1
All right, Mr. Huff. Because I believe you2
can but more importantly because I believe you will keep3
these conditions, I'm going to allow you to be released.4
Where will he be released from?5
UNIDENTIFIED SPEAKER: Just downstairs on the6
second floor, Your Honor, we just have to finish processing7
him.8
THE COURT: All right. The marshals need to9
finish processing you.10
Does probation do any processing?11
UNIDENTIFIED SPEAKER: Yes, sir.12
THE COURT: All right. So you've got to make13
a little bit of a tour before you go out of here. The14
marshals will do their thing and then you'll go over to15
probation and they'll get you squared away.16
Maybe possibly even allow him to get in touch17
with this Mr. Caldwell if possible and make those18
arrangements and make sure Mr. Caldwell understands my19
intent is to make sure he's sitting in Marietta, Georgia20
when the Government's concerned he might be in Monroe21
County. That's how we're going to make that work. Okay?22
All right. I'm going to sign this and I23
would suggest, Mr. Huff, that you get a copy of this so that24
there's no question about any of these conditions. Should25
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you have any questions or an issue come up, be sure to1
contact Mr. Caldwell first and ask him. He'll contact me.2
I'll clear it up. Don't just take things out on your own.3
Do you understand?4
THE DEFENDANT: Yes, sir.5
THE COURT: All right. And just remember6
that whatever Mr. Caldwell says, that's like me saying it.7
So before you think about just blowing him off, if he tells8
you to do something, just remember you're doing it to me.9
Okay?10
THE DEFENDANT: Yes, sir.11
THE COURT: All right. Mr. Mackie and Mr.12
Theodore, I realize you wanted detention. In my opinion13
this basically solves the problem and concerns that you had.14
If he's not there at eleven, we'll issue an arrest warrant15
and you can have an APB out. If he is there, then your16
concerns are taken care of and we don't have to worry about17
if the matter is continued then locking him up each time18
it's set for hearing.19
That's my thinking behind that. If you hear20
anything that he's been in violation, of course, I'll know21
you'll let our probation office know and they'll let me22
know.23
All right. Is there anything else we need to24
take up with regard to Mr. Huff?25
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MR. MACKIE: No, Your Honor.1
THE COURT: Ms. Voss, anything else on behalf2
of Mr. Huff?3
MS. VOSS: No, sir. Thank you very much.4
THE COURT: All right, Mr. Huff, you're good5
to go, as they say, at this point. I'll not see you back6
unless I order you back.7
THE DEFENDANT: Thank you, Your Honor.8
THE COURT: Court stands adjourned.9
(End of proceedings)10
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REPORTER'S CERTIFICATION1
STATE OF TENNESSEE )2
COUNTY OF KNOX )3
I, JIMMIE JANE McCONNELL, LCR #001, CCR #0219, CLA,4
federally approved transcriptionist, court reporter, and5
notary public, in and for the State of Tennessee, do hereby6
certify that the above hearing was transcribed by me from a7
CD recording provided by the U.S. District Court and that8
the foregoing 34 pages of the transcript is a true and9
accurate record to the best of my knowledge, skills, and10
ability.11
I further certify that I am neither of kin nor of12
counsel to any of the parties, nor in anywise financially13
interested in the outcome of this case.14
I further certify that I am duly licensed by the15
Tennessee Board of Court Reporting as a Licensed Court16
Reporter as evidenced by the LCR number and expiration date17
following my name below.18
IN WITNESS WHEREOF, I have hereunto set my hand and19
affixed my Notarial Seal this 22nd day of July, 2010.20
_____________________________________________21
JIMMIE JANE McCONNELL LCR #00122
Expiration Date 6/30/201223
Notary Public Commission Expires: 5/09/1224
Miller & Miller Court Reporters25
12804 Union Road26
Knoxville, TN. 3793427
Phone: 865-675-1471 / Fax 675-639828
Email: [email protected]