Judge William G. Young : ORDER entered. JUDGMENT as to Diane C. Reed (1), Count(s) 1-2, The defendant is to serve 1 year of Administrative Probation with Special Conditions. Fine $5000. Special Assessment of $150. (Attachments: # (1) Transcript) (Smith, Bonnie)
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Filed 02/09/
Page 1 of
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
Criminal No.
03-10399-WGY
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UNITED STATES OF AMERICA
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v.
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DIANE C. REED
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*
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SENTENCING EXCERPT
BEFORE:
The Honorable William G. Young,
District Judge
1 Courthouse Way
Boston, Massachusetts
February 8, 2007Page 2 Case 1:03-cr-10399-WGY
THE COURT:
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Filed 02/09/
Page 2 of
Ms. Diane C. Reed, in consideration of
the provisions of 18 United States Code, 3553(a), the
information from the United States Attorney, your attorney,
the probation officer and yourself, this Court places you on
one year of administrative probation, assesses you a $
mandatory special assessment, but I do fine you $5,000.
A fine necessarily is based upon the ability to
pay.
As I assess you as an individual, for one thing, I
accept everything Ms. Ortiz has said and that Mr. Hoopes has
said on your behalf, and it would have made no difference
had he filed anything and charged you for it.
As I assess you as an individual, a fine will do
two things.
every sentence to speak for the public, the public sanction
for what is a clear violation of the public's law and a
voluntary, a largely voluntary tax system.
has hung over you for a long time.
been said.
to pay a fine, that's really putting it behind you.
what the public demands of you.
It expresses the public, as it is my duty in
But also, this
I won't add to what's
If you pay a fine or make a good faith attempt
That's
A fine.
Now, since I've imposed a fine, though it's
administrative probation, I have to impose some special
assessment and I do -- special conditions.
you're prohibited from incurring new credit charges or
opening additional lines of credit without the approval of
And they are,Page 3 Case 1:03-cr-10399-WGY
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Filed 02/09/
Page 3 of
the probation office; you're to provide the probation office
access to any requested financial information; and your case
will go into the administrative caseload upon the
satisfaction of this financial obligation.
That's the order of the Court.
I tell you, you have the right to appeal from any
findings or rulings I've made against you.
and your appeal is successful in whole or in part and the
case comes on for resentencing, it will be redrawn to
If you appeal
another judge.
Should she decide to appeal, Mr. Hoopes, I instruct
you, if you want transcript, to order the transcript in this
Court before you file your notice of appeal and I lose
jurisdiction, because I'll turn it around faster than the
Court of Appeals.
Do you understand?
MR. HOOPES:
THE COURT:
I misspoke in one respect.
I do, your Honor.
Thank you.
It is a matter that has
no bearing on the sentence, but I am so respectful of
Mr. Womack for preparing this public, transparent database
of this Court's sentences.
this offense was 20 months.
months.
I said the average sentence for
That's an error.
It's
So I make that correction.
All right.
If we're -- that's it.
If we have thePage 4 Case 1:03-cr-10399-WGY
Document 11-
Page 4 of
next case we'll proceed.
MR. HOOPES:
THE CLERK:
Filed 02/09/
Thank you, your Honor.
Mr. Carney hasn't come into the
courtroom yet.
THE COURT:
So we'll take a brief recess.
THE CLERK:
All rise.
MR. HOOPES:
(Whereupon the matter concluded.)
recess.
Court is in recess.
Thank you, your Honor.
We'll
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Case 1:03-cr-10399-WGY
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Document 11-2
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
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Criminal No.
03-10399-WGY
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* * * * * * * * * * * * * * * * *
*
UNITED STATES OF AMERICA
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v.
*
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DIANE C. REED
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* * * * * * * * * * * * * * * * *
SENTENCING EXCERPT
11
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BEFORE:
The Honorable William G. Young,
District Judge
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24
1 Courthouse Way
Boston, Massachusetts
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February 8, 2007
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Case 1:03-cr-10399-WGY
THE COURT:
1
Document 11-2
Filed 02/09/2007
Page 2 of24
Ms. Diane C. Reed, in consideration of
2
the provisions of 18 United States Code, 3553(a), the
3
information from the United States Attorney, your attorney,
4
the probation officer and yourself, this Court places you on
5
one year of administrative probation, assesses you a $150
6
mandatory special assessment, but I do fine you $5,000.
7
A fine necessarily is based upon the ability to
8
pay.
As I assess you as an individual, for one thing, I
9
accept everything Ms. Ortiz has said and that Mr. Hoopes has
10
said on your behalf, and it would have made no difference
11
had he filed anything and charged you for it.
12
As I assess you as an individual, a fine will do
13
two things.
14
every sentence to speak for the public, the public sanction
15
for what is a clear violation of the public's law and a
16
voluntary, a largely voluntary tax system.
17
has hung over you for a long time.
18
been said.
19
to pay a fine, that's really putting it behind you.
20
what the public demands of you.
21
It expresses the public, as it is my duty in
But also, this
I won't add to what's
If you pay a fine or make a good faith attempt
That's
A fine.
Now, since I've imposed a fine, though it's
22
administrative probation, I have to impose some special
23
assessment and I do -- special conditions.
24
you're prohibited from incurring new credit charges or
25
opening additional lines of credit without the approval of
And they are,
PDF Page 4
Case 1:03-cr-10399-WGY
Document 11-2
Filed 02/09/2007
Page 3 of34
1
the probation office; you're to provide the probation office
2
access to any requested financial information; and your case
3
will go into the administrative caseload upon the
4
satisfaction of this financial obligation.
5
That's the order of the Court.
6
I tell you, you have the right to appeal from any
7
findings or rulings I've made against you.
8
and your appeal is successful in whole or in part and the
9
case comes on for resentencing, it will be redrawn to
10
If you appeal
another judge.
11
Should she decide to appeal, Mr. Hoopes, I instruct
12
you, if you want transcript, to order the transcript in this
13
Court before you file your notice of appeal and I lose
14
jurisdiction, because I'll turn it around faster than the
15
Court of Appeals.
16
Do you understand?
17
MR. HOOPES:
18
THE COURT:
19
I misspoke in one respect.
I do, your Honor.
Thank you.
It is a matter that has
20
no bearing on the sentence, but I am so respectful of
21
Mr. Womack for preparing this public, transparent database
22
of this Court's sentences.
23
this offense was 20 months.
24
months.
25
I said the average sentence for
That's an error.
It's 12
So I make that correction.
All right.
If we're -- that's it.
If we have the
PDF Page 5
Case 1:03-cr-10399-WGY
1
Document 11-2
Page 4 of44
next case we'll proceed.
2
MR. HOOPES:
3
THE CLERK:
4
Filed 02/09/2007
Thank you, your Honor.
Mr. Carney hasn't come into the
courtroom yet.
5
THE COURT:
So we'll take a brief recess.
7
THE CLERK:
All rise.
8
MR. HOOPES:
9
(Whereupon the matter concluded.)
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recess.
Court is in recess.
Thank you, your Honor.
We'll