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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
LANCE JAMES FORSBERG,
Defendant.__________________________/
No: 1:12cr207
BeforeTHE HONORABLE HUGH BRENNEMAN,
U.S. Magistrate JudgeGrand Rapids, Michigan
December 7, 2012Plea Proceedings
APPEARANCES:
MR. PATRICK MILES, U.S. ATTORNEYBy: MS. B. RENE SHEKMER
330 Ionia NWP. O. Box 208Grand Rapids, MI 49501616-456-2404
On behalf of the Plaintiff;
MR. THOMAS J. GEZONSmietanka Buckleitner Steffes & Gezon4250 Chicago Drive, SWSuite BGrandville, MI 49418
616-667-2217
On behalf of the Defendant.
TRANSCRIBED BY:
MS. KATHY J. ANDERSON, RPR, FCRR
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December 7, 2012
PROCEEDINGS, 10:51 a.m.
THE COURT: The next matter this morning is United
States versus Lance James Forsberg, file number 1:12cr207.
And I understand we're here for the entry of a plea in this
matter.
You are Lance James Forsberg?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Mr. Forsberg, this is the United State
District Court for the Western District of Michigan which
means that it is a federal court. You are here on a
multi-count indictment, and I understand we are concerned wit
three counts of this indictment: Counts 1, 7 and 10. Is tha
correct?
MR. GEZON: That is correct, Your Honor.
THE COURT: All right. Fine. Ms. Shekmer, has th
defendant previously been arraigned in this matter and if so
when was that?
MS. SHEKMER: Your Honor, he was arraigned on
August 20th, 2012, before Your Honor.
THE COURT: Fine. Mr. Forsberg, do you have a cop
of that indictment in front of you?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Have you read Counts 1, 7 and 10?
THE DEFENDANT: Yes, Your Honor.
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THE COURT: You understand each of those counts?
THE DEFENDANT: Yes, sir.
THE COURT: Thank you. Mr. Gezon, do you want
those charges read for the record at this time?
MR. GEZON: No, Your Honor. We have read them, we
have had them for a long time now. We waive the reading of
them.
THE COURT: All right. Fine. Thank you. And the
plea will be to all three counts, is that right?
MR. GEZON: Yes, Your Honor.
THE COURT: Thank you. Count 1 charging the
defendant with conspiring to manufacture 100 or more marijuan
plants. And Count 10 which makes the same charge -- well,
pardon me, that's not correct.
Count 1 charges the defendant with conspiring to
manufacture 100 or more marijuana plants, and Count 10 which
charges the actual manufacture of marijuana, which usually
means growing the marijuana. Each carry a maximum penalty of
not less than five years in prison and not more than 40 years
in prison. There would also be the possibility of a fine of
up to five million dollars on each charge. There would also
be a period of supervised release after any prison term of at
least four years, but that could extend your entire life. An
there would also be a mandatory special assessment of a
hundred dollars on each charge.
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Count 7 which alleges the manufacture of a hundred
or more marijuana plants within one thousand feet of a school
carries a maximum penalty of not less than five years in
prison, and not more than 80 years in prison. So someplace
between five and 80 years, and a fine of not more than ten
million dollars. There would be a period of supervised
release after any prison term of at least eight years, and
again that could last defendant's entire life. That also
carries a special assessment of a hundred dollars as well.
Mr. Forsberg, do you understand the maximum
penalties for each of these three counts?
THE DEFENDANT: Yes, Your Honor.
THE COURT: What I told you were the maximum
possible penalties. The actual sentence of the Court may wel
be influenced by what we call the sentencing guidelines. And
the guidelines are designed to help a judge know what an
appropriate sentence would be in a particular case based on
the facts of that case. And so the guidelines take into
consideration a number of factors; in a drug case, for
example, the type of drugs, the amount of drugs, the role of
the defendant in any particular drug activity, does the
defendant have a criminal background, if so, what is it.
There is just a wide variety of factors. And based on all of
that the guidelines come up with a recommended sentencing
range for the judge to consider.
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Now, the range can never exceed the maximum
sentence but someplace within the maximum possible sentence
will be this recommended range. The judge can sentence you
within that recommended range but she is not required to. Sh
can go above it or she can go below it. But before she makes
up her mind she has to pay very careful attention to the
recommendation and consider is very carefully and closely, an
there is a procedure she follows to do that. So the
guidelines are very important. Even though they are not
binding on the district judge.
I don't know what the guidelines would recommend i
your case. That has to be calculated by the probation
department when they do the presentence report. However, you
attorney has dealt with these guidelines for many years. He
is an expert on these guidelines, and can probably give you a
pretty good idea of what the guidelines would recommend, even
though he cannot guarantee you that his calculation would be
the final calculation. But, again, based on his experience
I'm sure he can give you a pretty accurate estimate.
Did you have a chance to talk to Mr. Gezon about
these guidelines?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Was he able to give you some idea of
what the impact on you might be of that recommendation?
THE DEFENDANT: Yes, Your Honor.
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THE COURT: All right. So if I refer to the
sentencing guidelines you understand what I'm talking about?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Fine. Now, this case is assigned to
the Honorable Janet T. Neff. Judge Neff is a United States
District Judge which means she was appointed by a President o
the United States and she has a lifetime position. You have
the right to have this hearing today for the purpose of
entering your plea conducted by Judge Neff. And if she were
to conduct it, she would ask you questions to make sure that
you knew what you were doing, that you were doing it
voluntarily, and that there was a foundation or a basis for
what you were doing.
And then assuming everything went as anticipated,
she would accept your plea and refer the matter to the
probation office to prepare a presentence report.
That normally takes three months or so. When that
report was done, you would return to court and Judge Neff
would impose the sentence of the Court.
Now, our local court rules provide that with your
consent, I can handle the hearing today for the purpose of yo
entering your plea. I am a United States Magistrate Judge
which means I'm not a district judge but I am a federal judge
I'm appointed by the district judges to assist them. So if I
take Judge Neff's place I'm going to ask you the same kinds o
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questions that she would ask. Again, questions to make sure
that you know what you're doing, that you are doing it
voluntarily, and that there is a basis for what you are doing
And then I'll recommend to Judge Neff that she accept your
plea and at the same time I will refer the matter to the
probation office for a presentence report. Doesn't take any
longer one way than the other. When the report is done, you
return to court but this time before Judge Neff. And at that
time she would finalize the acceptance of your plea if she ha
not done so already, and she would impose the sentence of the
Court and conclude the entire matter at that time.
So either way, it's going to be up to Judge Neff t
determine the sentence of the Court. That's entirely her
responsibility.
But for the purpose of you entering your plea this
morning, I can handle that hearing but again only with your
consent.
Do you understand everything I have told you?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Have you talked about this with
Mr. Gezon?
THE DEFENDANT: Yes, Your Honor.
THE COURT: I have received a consent form. It
appears to be signed by you agreeing to have me handle the
matter this morning. Is that your signature?
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THE DEFENDANT: Yes, correct.
THE COURT: Did you understand everything on this
form before you signed it?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Anybody threaten you in any way or use
any force or duress or undue pressure to make you give up you
right to have Judge Neff handle this hearing?
THE DEFENDANT: No, Your Honor.
THE COURT: Voluntary decision on your part?
THE DEFENDANT: Yes, sir.
THE COURT: Fine. Both attorneys have signed this
Mr. Gezon, do you concur with me handling this matter?
MR. GEZON: I do, Your Honor.
THE COURT: Fine. Thank you. Ms. Shekmer, do you
concur?
MS. SHEKMER: I do.
THE COURT: Has Judge Neff's office indicated a
willingness that I handle this matter?
MS. SHEKMER: Your Honor, due to the date of the
trial being in late January, it's Judge Neff's standing
procedure that we go before the magistrate at this time.
THE COURT: All right. Fine. I believe that
Mr. Forsberg's consent to proceed before me is voluntarily an
knowingly given. I so find. The consent form may be filed.
We will proceed with the plea at this time.
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As I indicated, there are a number of questions I
have to ask. If there is something you don't understand, or
you want to stop and talk to Mr. Gezon, that's not a problem.
Just let me know. It's important that you understand what's
happening throughout the entire procedure. So if you need to
interrupt the proceedings, just let me know. Okay?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. The clerk is going to give
you an oath that you'll answer all questions truthfully.
LANCE JAMES FORSBERG, DEFENDANT, WAS DULY SWORN
THE COURT: Do you understand that having been
sworn your answers to my questions will be subject to the
penalties of perjury or of making a false statement if you do
not answer truthfully?
THE DEFENDANT: Yes, Your Honor.
THE COURT: How old are you, sir?
THE DEFENDANT: I'm 32 years old, sir.
THE COURT: How far did you go in school?
THE DEFENDANT: College graduate.
THE COURT: What school?
THE DEFENDANT: Hope College.
THE COURT: And, counsel, is your client currently
on parole or probation?
MR. GEZON: No, Your Honor.
THE COURT: Thank you. Sir, have you taken in the
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past 24 hours any kind of medication, any drugs, pills,
controlled substances, narcotics, or had any alcohol, anythin
like that in the past 24 hours?
THE DEFENDANT: Daily take Celexa, Your Honor.
THE COURT: What's that for?
THE DEFENDANT: It is an antidepressant,
antianxiety.
THE COURT: That's a prescription drug?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And you're on a schedule?
THE DEFENDANT: Yes, sir.
THE COURT: When do you normally take that?
THE DEFENDANT: In the mornings.
THE COURT: Did you take it this morning?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Is there anything about
that medication that makes you drowsy, or distracted, or
unable to focus on what's happening around you?
THE DEFENDANT: No, Your Honor.
THE COURT: In fact, I assume it works for your
benefit?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Are you under the care of
physician or other medical care provider at this time or a
psychiatrist or a psychologist for any reason other than what
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we have talked about?
THE DEFENDANT: No, Your Honor.
THE COURT: This is, this is a drug-related
offense. Have you been hospitalized or treated recently for
any narcotics addiction?
THE DEFENDANT: No, Your Honor.
THE COURT: Are you experiencing any medical
problems today that you are not being treated for?
THE DEFENDANT: No, Your Honor.
THE COURT: Do you feel that you can both hear and
understand what's happening?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Fine. Either attorney hav
any doubt as to the defendant's competence to enter a plea at
this time? Mr. Gezon?
MR. GEZON: I do not, Your Honor.
THE COURT: Ms. Shekmer.
MS. SHEKMER: No. Thank you, Your Honor.
THE COURT: Mr. Forsberg, if you want to pull that
microphone a little closer to you so you don't have to lean
into it each time. Whatever is comfortable for you.
Now, I certainly don't have any doubt as to the
defendant's competence, as I just indicated. And that allows
us to move into the next stage of these proceedings. And thi
is where I have an opportunity to talk to you about your
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rights to a trial in this case. You have a number of rights:
One very important right is your right to have an attorney,
and you have the right to have an attorney represent you at
all times regardless of whether or not you can afford that
attorney. Now, you have retained Mr. Gezon, but had you been
unable to retain him, the court would have appointed an
attorney for you at no cost if that's what you wanted.
Mr. Gezon will represent you throughout this entir
matter; whether you go to trial, or whether you plead guilty
today, you never lose your right to an attorney. Do you
understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And if you did lose Mr. Gezon, the
court would always appoint an attorney to replace him if that
was necessary. Do you understand that?
THE DEFENDANT: Yes, sir.
THE COURT: All right. Now, you have a number of
other rights to a trial, and I'm going to talk to you about
some of those. But these rights that I'm going to talk to yo
about are rights that you will lose if you plead guilty. Whe
you were here before, a plea of not guilty was entered on you
behalf. And you have every right to continue or maintain tha
plea right up through a trial. You have absolutely no
obligation to plead guilty as far as this court is concerned.
Do you understand that?
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THE DEFENDANT: Yes, sir.
THE COURT: And if you wanted to go to trial you
would have the right to a public and speedy trial, as well as
a trial by jury with the assistance of Mr. Gezon, of course.
And at that trial you have the right to confront and
cross-examine any witnesses called by the government to prove
its case against you. You have the right to call witnesses t
testify in your behalf. You have the right to bring those
people in by court order if they don't want to show up
voluntarily. Your attorney can present other evidence on you
behalf. And you have the right to testify or not testify at
trial as you choose since you always have the right to remain
silent.
Furthermore, throughout the entire trial, you are
presumed to be innocent and the burden is on the government t
prove that you're guilty. And the government has to prove
your guilt beyond any reasonable doubt before you can be
convicted.
Do you understand that you have all of those right
to a trial?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Do you understand you will lose those
rights if you plead guilty?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Now, understanding that,
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and the charge, three charges against you, and the maximum
penalties for each of those charges which I believe you told
me you understand all of those things?
THE DEFENDANT: Yes, sir.
THE COURT: How do you plead to each of these thre
counts, Counts 1, 7 and 10, do you plead guilty or not guilty
THE DEFENDANT: Guilty, Your Honor.
THE COURT: Do you plead guilty to each one of
those?
THE DEFENDANT: Yes, Your Honor.
THE COURT: As I told you a moment ago, when you
plead guilty you lose your right to a trial and of course the
reason for that is that the purpose of a trial is to determin
if you did what you're accused of. And if you come into cour
as you're doing at the moment and you say, I'm guilty, I did
it, then you have answered the question we would need a trial
for so we don't need a trial. So by pleading guilty you waiv
or lose or give up your right to a trial and there will not b
any trial. Once again, do you understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And of course if you lose or give up
your right to a trial, it stands to reason that you lose all
the rights that go with a trial. So by pleading guilty,
you're losing your right to confront and cross-examine
witnesses called to testify against you, you're losing your
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right to call witnesses to testify in your behalf, and you're
losing your right to bring them in by court order should they
not want to come voluntarily. You're also losing your right
to be presumed innocent and to force the government to prove
your guilt beyond any reasonable doubt. So once again, do yo
understand that by pleading guilty, you give up or lose all o
those rights?
THE DEFENDANT: Yes, Your Honor.
THE COURT: I also told you that you had the right
to remain silent. When you plead guilty that changes. In a
few minutes I'm going to ask you what you did that makes you
guilty of these charges. Clearly you have to answer those
questions and to that extent you're giving up your right to
remain silent. Do you understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. I'm told there is a plea
agreement in this case. And I believe I have the original
document. Do you have a copy of this plea agreement in front
of you?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Turning to the last page, it appears
that Ms. Shekmer signed this document today as the prosecutor
and you and your attorney signed it yesterday.
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Let's look at the back pag
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and I'll show you the back page of the original. Is that you
signature?
THE DEFENDANT: Yes, sir, it is.
THE COURT: All right. And you signed this
yesterday?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Before you signed it, did you read it
over?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Did you discuss it with Mr. Gezon
before you signed it?
THE DEFENDANT: Yes, sir, I did.
THE COURT: Most importantly, did you understand i
before you signed it?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Fine. I'm going to ask the prosecutor
to summarize the highlights of this agreement, not necessaril
everything. I would like you to pay very close attention to
what she says because in a few minutes I will ask you if you
agree with what she says. Okay?
THE DEFENDANT: Yes, sir.
THE COURT: Fine. Ms. Shekmer.
MS. SHEKMER: Count 1 or, excuse me, paragraph 1 o
the plea agreement states that the defendant agrees to enter
pleas of guilty to Counts 1, 7 and 10 which the Court has
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already gone over so I don't need to repeat that.
Paragraph 2 sets forth the elements of the offense
that are involved with each of the three different offenses.
Paragraph 3 sets forth the penalty sections
regarding all of the three offenses which this Court has
already gone over.
Paragraph 4 is a stipulation that reads, "The
defendant stipulates and agrees that he manufactured at least
125 plants at 2935 Jolly, Okemos, Michigan between June 2010
and November 30th, 2010, and that 2935 Jolly, Okemos, Michiga
is located less than one thousand feet from the Okemos High
School, a public secondary school. The defendant stipulates
and agrees that he manufactured at least 122 marijuana plants
at 608 North Magnolia, Lansing, Michigan between August of
2010 and December 1st of 2010."
In paragraph 5, the defendant is agreeing to
cooperate with the Drug Enforcement Administration, the U.S.
Attorney's office, and any other law enforcement agency as
directed. And it sets forth the details of that cooperation.
Paragraph 6 is agreements by the United States
Attorney's office. The government has agreed to dismiss at
the time of sentencing and with permission of the Court
Counts 2 through 6, 8 through 9, and 11 of the indictment as
to the defendant. In subsection B the government has agreed
not to bring additional charges against the defendant for any
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of the information that he provided relative to this instant
offense.
Section C the defendant provided a proffer to the
government and the government is agreeing not to enhance his
sentence based on things that the government did not
previously know, however, it is expressly understood that suc
information may be used by the government at sentencing if th
defendant takes the position at sentencing that contradicts
information provided by the defendant pursuant to this
agreement or any proffer agreement.
Under subsection D the government is agreeing not
to oppose the defendant's request for a two-level reduction
for acceptance of responsibility, and indicates additionally
that if his offense, adjusted offense level is 16 or greater
that his plea was in fact timely and he would then be entitle
to the additional third point for acceptance of
responsibility, all of which is conditioned on the fact that
he doesn't do anything between now and sentencing that would
deny him acceptance of responsibility.
Paragraph 7 sets forth the possibility of sentence
reduction motions. It speaks to both the 5K1.1 possibility,
3553(e), release of mandatory minimum and/or Rule 35(b)
motions under the Federal Rules of Criminal Procedure. And
this basically is not a guarantee or promise to the defendant
but that the defendant will assist the government and the
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government will review his case for that. However, once --
if any such motion is filed, then the Court has complete
discretion to grant or deny the motion.
Paragraph 8 talks about the sentencing guidelines
as does paragraph 9 saying there is no final agreement about
the sentencing guidelines.
And paragraph 10 talks about his, defendant's
waiver of constitutional rights which this Court has already
gone over.
I think the only thing that is additional to what
the Court has already gone over is that by pleading guilty th
defendant also gives up any and all rights to pursue any
affirmative defenses, Fourth Amendment or Fifth Amendment
claims or other pretrial motions that have been filed or coul
be filed. I don't believe there are any outstanding motions
at this time.
Paragraph 11 basically puts the defendant on notic
that the Court is not a party to this agreement. That this i
an agreement between the government and himself. And the
Court can neither accept nor reject the agreement but that no
one can make a binding prediction or promise regarding the
sentence the defendant will receive.
Paragraph 12, again, states that this agreement is
limited to the parties. In this case we are talking about
other federal, state or local prosecuting, administrative or
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regulatory authorities.
Paragraph 13 talks about consequences of breach
should the defendant breach any portion of this plea
agreement, and gives the government one year to reinstitute
prosecution even if otherwise time barred within one year fro
the date of defendant's breach.
And paragraph 14 simply says this is the complete
agreement and understanding between the parties and there are
no other agreements, and if there are any other agreements or
changes to be made they would be made in writing signed by al
parties or placed on the record in open court.
THE COURT: Fine. Thank you, Ms. Shekmer. Before
you sit down, have any other promises been made to the
defendant to get him to plead guilty or to get him to sign
this agreement other than what's written down in this
document?
MS. SHEKMER: No, Your Honor.
THE COURT: Thank you. Mr. Gezon, do you concur
with all of Ms. Shekmer's statements about the plea agreement
MR. GEZON: I do, Your Honor.
THE COURT: Are you aware of any other promises
made to your client by anybody? Are you aware of any other
promises to get him to plead guilty or to sign this agreement
other than what's in the document itself?
MR. GEZON: No, Your Honor. We had, as you allude
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to, several discussions about what the sentence guidelines
might be in this case and what the judge might sentence the
defendant to. But those were all conditioned upon the
representations in this plea agreement that that's up to the
judge.
THE COURT: Thank you. Mr. Forsberg, did you hear
what both attorneys said about this plea agreement?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Do you agree with what they both said?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Some representations have been made in
this agreement that appear to benefit you. But did anybody
else at any time promises you anything to get you to plead
guilty today that's not in this plea agreement?
THE DEFENDANT: No, Your Honor.
THE COURT: This would be the time to say so if yo
thought there were such promises. Do you understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: But there are no such promises, is tha
correct?
THE DEFENDANT: Correct.
THE COURT: I would like to talk to you about a
couple of these paragraphs myself. And I would like to direc
your attention to paragraph number 2 which sets forth the
elements of the offense. Do you have that in front of you?
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THE DEFENDANT: Yes, Your Honor.
THE COURT: The elements of the offense are the
parts of the offense the government has to prove before you
can be convicted. And the prosecution, the government has to
prove each part or each element beyond any reasonable doubt
before you can be convicted. Do you understand that?
THE DEFENDANT: Yes, sir, I do.
THE COURT: All right. Well, in Count 1 you are
charged with a conspiracy, and the essence of a conspiracy is
that you entered into an agreement with other people to
violate federal law. And it's the agreement to violate the
law that is really the essence of that charge. Do you
understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And they would have to prove here that
there was an agreement between two or more people, the
agreement was to manufacture marijuana, which generally means
grow marijuana, that you knowingly and voluntarily entered
this agreement or joined with it. You knew what you were
doing. You did it on purpose, in other words, and that this
conspiracy as a whole involved a quantity of at least a
hundred marijuana plants.
Now, in addition, they would have to show that thi
conspiracy took place during 2010, from sometime around May t
December 1st, and they would have to show this conspiracy too
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place somewhere in the Western District of Michigan, which
means the western half of the State of Michigan. And they
would have to prove those things because that's what's been
charged in the indictment.
Do you understand they would have to prove
everything I just mentioned beyond any reasonable doubt befor
you could be convicted of Count 1?
THE DEFENDANT: Yes, Your Honor.
THE COURT: In Count 7, they would have to prove
that you actually manufactured or grew marijuana. Again, tha
you did so knowing what you were doing, and intentionally or
on purpose. It wasn't a situation where you thought you were
growing roses and it turns out it was marijuana. You had to
know what you were doing, and it was something you wanted to
do. And they would have to prove that the quantity of
marijuana was at least a hundred marijuana plants. And they
would have to prove that all of this happened within one
thousand feet of a public secondary school, which usually
means a high school. And they would have to prove, again,
that this took place in the Western District of Michigan,
because that's what gives this court jurisdiction. And they
would have to prove that it happened on the dates charged.
And according to turning to Count 7, they are alleging that
this took place from sometime around June of 2010 to about th
end of November 2010. And they are saying that this took
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place in Ingham County, which is in this district, the Wester
District of Michigan.
The school involved was Okemos High School, which
is a public high school.
Do you understand the elements that they would hav
to prove beyond any reasonable doubt to obtain a conviction o
Count 7?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And on Count 10, they would have to
prove that, again, that you grew marijuana; that, again, that
you knew what you were doing and that you did it on purpose o
intentionally; and that the offense involved at least a
hundred marijuana plants, that you grew at least a hundred
plants; and in this instance they would have to show that thi
took place between August of 2010 and the beginning of
December 2010, and again, in Ingham County. And I believe
those are the facts they would have to prove there.
Do you understand everything they would have, all
the elements they would have to prove to obtain a conviction
on Count 10?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Mr. Gezon, do you concur that that's a
proper recitation of all the elements the government would
have to prove in regard to each of these three counts?
MR. GEZON: I do, Your Honor. And those are the
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elements we went over together previously.
THE COURT: Fine. Let's move to paragraph 4, look
at that for a moment.
Paragraph 4 is a stipulation, and it says here tha
you are stipulating and agreeing that you did certain things,
and then it spells those things out here. When parties
stipulate to something, that means they are agreeing that
these facts are true, and that nobody has to prove them
further during the course of the proceedings such as at
sentencing. You're agreeing that these facts can be taken as
established and you won't contest them. Is that your
understanding of what you're agreeing to here?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And you told me you had read the whole
agreement, and so I assume you read paragraph 4 as well.
THE DEFENDANT: Yes, Your Honor.
THE COURT: And are all, pardon me, are all of the
facts stated in paragraph 4 correct as far as you know?
THE DEFENDANT: Yes, Your Honor, they are.
THE COURT: And you're agreeing to all of those
facts?
THE DEFENDANT: Yes, sir, I am.
THE COURT: All right. Let's move to paragraph
number 11. This is on page 9. Do you see paragraph number
11?
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THE DEFENDANT: Yes, sir.
THE COURT: This is entitled the Court is not a
party to this agreement. When we use the word Court, we mean
the judge. We are talking about Judge Neff here. Today I
suppose we are talking about me as well, but we are really
talking about Judge Neff. And so what this sentence really
reads is that Judge Neff is not a party to this agreement.
What we have here is an agreement that you have entered into
with the prosecutor on behalf of the government. And that's
perfectly appropriate to enter into this agreement. Some
people call it a plea agreement, a plea bargain, a deal,
whatever you want to call it, it's an agreement you've entere
into with the government. Perfectly appropriate.
And you both reduced it to writing. Which is what
the plea agreement is. That's perfectly appropriate. And
you're both explaining it to Judge Neff through me. And
that's perfectly appropriate. But merely because you have
entered into an agreement with the government and you're
telling the judge about it, doesn't mean the judge is bound b
it, and she is not. She didn't sign this agreement. If you
did look on the back page you wouldn't find her signature
there. You find your signature. I didn't sign it. You're
merely telling us about the agreement that the two of you hav
reached. But that doesn't mean the judge is bound by it. An
she is not bound by it. Do you understand that?
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THE DEFENDANT: Yes, Your Honor.
THE COURT: Now, of course the significance of tha
is that if she is not a party to this agreement, she is not
bound by it, that she doesn't have to follow anybody's
recommendation that might arise out of this. Certainly if
somebody recommends to her a certain course of action that
would benefit you, she will consider it. But she doesn't hav
to follow it because she is not a party to this agreement.
Do you understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And if somebody has predicted to you
what Judge Neff will do in this case as far as a sentence is
concerned, I can tell you she has not heard the prediction an
she would not be bound by it if she had heard it. Do you
understand that?
THE DEFENDANT: Yes, sir, I do.
THE COURT: So at the end of the day, when
everything is considered, everybody has made their arguments,
recommendations and so forth, it's going to be up to Judge
Neff to decide the sentence of the Court and it's entirely
within her discretion. Do you understand that?
THE DEFENDANT: Yes, sir, I do.
THE COURT: And you're agreeing to that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Fine. Let's talk for a
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moment about your voluntariness in making this plea. Did
anybody use any force, make any threats to you, use any dures
or undue pressure as far as you're concerned to plead guilty
today or to sign this agreement yesterday?
THE DEFENDANT: No, Your Honor.
THE COURT: You did both of these things
voluntarily?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Any doubt about that in your mind?
THE DEFENDANT: No, Your Honor.
THE COURT: You have had enough time to think abou
this?
THE DEFENDANT: Yes, Your Honor.
THE COURT: You talked about it with Mr. Gezon at
length, I would imagine?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Well, let's talk about wha
actually happened. Let's go through each of these counts. W
will start with Count 1. I need to have you tell me in your
own words if you would, please, what you did that makes you
guilty of Count 1. And if it helps to follow along on any of
these documents, please feel free to do that. But tell me
what happened.
THE DEFENDANT: Your Honor, myself and those liste
in the indictment agreed to manufacture and grow medical
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cannabis.
THE COURT: When did you agree to do this?
THE DEFENDANT: Sometime in the summer of 2010.
THE COURT: And did you in fact grow this
marijuana?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Now, you said the other people named
here. We have Dennis James Forsberg, we have Ryan Newton
Ellis Basore, did I pronounce it?
THE DEFENDANT: Basore, I believe.
THE COURT: Okay. Douglas Frakes or Frakes. We
have you named here. We have Dennis Corey and a Kyle Corey,
and a Patrick Karslake. Were all of these people involved in
this agreement to grow marijuana?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And when did the growing actually
start?
THE DEFENDANT: Sometime in June, Your Honor, or
July.
THE COURT: All right. And it continued for a
period of time, I take it?
THE DEFENDANT: Yes, sir, it did.
THE COURT: How long?
THE DEFENDANT: About five months, Your Honor.
THE COURT: And why did it end?
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THE DEFENDANT: Through a federal raid, Your Honor
THE COURT: Where was this marijuana grown?
THE DEFENDANT: In proximity of a secondary school
Okemos High School in Okemos, Michigan. Allen Township,
Ingham County, Your Honor.
THE COURT: All right. So you were within Ingham
County?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Because Okemos is just east of East
Lansing and that's well within Ingham County?
THE DEFENDANT: Yes, sir.
THE COURT: All right. Did you know there was a
school there?
THE DEFENDANT: Yes, Your Honor.
THE COURT: You live in Okemos?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Did you go to the high school?
THE DEFENDANT: I went to Williamston High School,
Your Honor.
THE COURT: Play Okemos in sports?
THE DEFENDANT: Yes, Your Honor.
THE COURT: So no doubt you knew where Okemos High
School was?
THE DEFENDANT: Yes, Your Honor, I do.
THE COURT: All right. Is marijuana grown indoors
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or outdoors?
THE DEFENDANT: Indoors, Your Honor.
THE COURT: How many plants were grown during this
period of time?
THE DEFENDANT: Approximately 122 at the time of
the raid, Your Honor.
THE COURT: That's, had you grown some other ones
earlier and sold them off or something?
THE DEFENDANT: Yes, Your Honor.
THE COURT: At the time that the federal
authorities came in, there were at least 125 marijuana plants
at that location, is that right?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And what was the address for that
location?
THE DEFENDANT: 2935 Jolly Road, Okemos, Michigan.
THE COURT: All right. Are you satisfied that tha
address is actually less than a thousand feet from the Okemos
High School?
THE DEFENDANT: Yes, Your Honor.
THE COURT: How many football fields is that, thre
football fields away?
THE DEFENDANT: Yes, Your Honor.
THE COURT: You could see the school from the, fro
that address?
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THE DEFENDANT: Yes, Your Honor.
THE COURT: Who lived there at the time this was
happening?
THE DEFENDANT: It's a light commercial facility,
Your Honor.
THE COURT: Okay. So it's not a house?
THE DEFENDANT: No, Your Honor.
THE COURT: Pole barn?
THE DEFENDANT: Of sorts, yes, sir.
THE COURT: Okay. And do you have to have special
grow equipment to grow this many plants?
THE DEFENDANT: Yes, Your Honor.
THE COURT: What did that consist of?
THE DEFENDANT: High pressure sodium lights, air
conditioning units, fans, in essence nutrients, and that's th
gambit.
THE COURT: All right. What was your role in
growing this marijuana?
THE DEFENDANT: Your Honor, I was a contractor
on-site getting rooms within an environmental variable that i
containable.
THE COURT: I'm sorry, what does that mean?
THE DEFENDANT: For a plant to come to fruition it
must stay within certain temperature ranges. This pole barn
was a tin can in the middle of a field with winter
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approaching. So insulation and light blocking, protection
from the outside needed to become a part of the operation.
THE COURT: You had to kind of insulate it and
prepare the physical surroundings to grow these plants?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. I don't think we
necessarily have to talk about all these people, but there is
another Forsberg here. Dennis Forsberg. What's his relation
to you?
THE DEFENDANT: That's my father, Your Honor.
THE COURT: All right. What was his role in this?
THE DEFENDANT: He owned the buildings, or was the
managed lease tenant operator through a family company lookin
to rent the facilities, Your Honor.
THE COURT: All right. Now, did he know that you
were growing marijuana here?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And he provided you the legal access t
the building by either because he owned it, his family compan
owned it, or he was responsible for leasing it?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Brian Newton Ellis Basore, what was hi
role in this?
THE DEFENDANT: More or less to keep the paperwork
for legal, statewide legal, and to find caregivers to rent th
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space, Your Honor.
THE COURT: What was Douglas George Frakes' role i
this?
THE DEFENDANT: He was kind of a private investor,
Your Honor.
THE COURT: He helped finance it, I take it?
THE DEFENDANT: More or less, yes. I had very
limited contact with Mr. Frakes.
THE COURT: Now, who actually grew the marijuana
itself, any of these people that are listed here?
THE DEFENDANT: I would have to say myself, Your
Honor.
THE COURT: Okay. There are two Coreys here; did
they have anything to do with growing it?
THE DEFENDANT: Yes, Your Honor.
THE COURT: They help you out or you help them out
or was it --
THE DEFENDANT: I helped them. Your Honor,
Mr. Corey, Sr. and his son Kyle were on-site. However, Kyle
had very limited understanding of farming or agriculture,
growing anything. Mr. Corey as well, Sr. And so they relied
upon me and my knowledge.
THE COURT: I take it you had grown marijuana at
other locations then?
THE DEFENDANT: My home, Your Honor.
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THE COURT: Okay. And what was the role of Patric
Karslake?
THE DEFENDANT: Your Honor, I never really came
into contact with him but once. He had his own, quote,
unquote, hobby farm going. Never to visit 2935.
THE COURT: So he wasn't growing any marijuana at
your physical location?
THE DEFENDANT: No, Your Honor.
THE COURT: And once the marijuana was grown, how
is it distributed going forward?
THE DEFENDANT: Your Honor, myself and Mr. Basore
would take plants home to trim and prepare to be sent to the
caregivers.
THE COURT: So you would take them off this site
and take them someplace else?
THE DEFENDANT: Yes, Your Honor.
THE COURT: How far away did you live, if you took
these to your home?
THE DEFENDANT: I lived about ten minutes away,
Your Honor.
THE COURT: Also in Ingham County?
THE DEFENDANT: Yes, sir.
THE COURT: All right. And you and the other
people in this conspiracy were paid to do this?
THE DEFENDANT: No, Your Honor. It was with the
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hope of a better tomorrow through the fruition of growing the
cannabis. We were hoping to make money enough to supplement
bills and incomes.
THE COURT: If you didn't sell it, how did you mak
money?
THE DEFENDANT: Well, we lost a great deal of
money, Your Honor. But the investments were initially made
that bank rolled the first several months. And we never got
to a point where much money was actually turned over.
THE COURT: You said somebody here invested money
or they put money into it. I assume, take a step back, that
some money was necessary to buy the grow equipment, to buy th
insulation for this tin can that you talked about in the
middle of a field and so forth. There is probably electricit
or some sort of power coming to the building.
THE DEFENDANT: Yes, Your Honor.
THE COURT: All of that took money.
THE DEFENDANT: Yes, Your Honor.
THE COURT: And that money came from your
investors.
THE DEFENDANT: I would assume, Your Honor.
THE COURT: All right. Well, were you paid at all
to do this?
THE DEFENDANT: No, Your Honor.
THE COURT: You just had a lot of time on your
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hands?
THE DEFENDANT: Yes, Your Honor. I also
supplemented my income through 608 North Magnolia.
THE COURT: All right. That was another place we
are going to talk about in a few minutes, I take it?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And you were growing marijuana there?
THE DEFENDANT: Yes, Your Honor.
THE COURT: How did you supplement your income by
growing marijuana there?
THE DEFENDANT: I have my caregiver status there,
Your Honor.
THE COURT: And you were paid for that marijuana?
THE DEFENDANT: Yes, Your Honor.
THE COURT: By the people who had medical marijuan
cards, I take it?
THE DEFENDANT: Yes, Your Honor.
THE COURT: At some point if this operation on
Jolly Road that we have been talking about had further
established, was the intent to sell this marijuana to people
with medical marijuana cards?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And they would pay for that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Well that was the intent
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even though you might not have gotten a lot of money or any
money at the time the federal authorities came in?
THE DEFENDANT: Yes, sir.
THE COURT: All right. I think I have a picture o
it.
Did you know you were in violation of federal law
in doing this?
THE DEFENDANT: After the fact I became aware, You
Honor.
THE COURT: Did you think you were in compliance
with state law in doing this?
THE DEFENDANT: Yes, Your Honor.
THE COURT: You had grown marijuana for sometime
before this?
THE DEFENDANT: About a year, Your Honor.
THE COURT: You knew there was a federal law out
there, I take it?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And did you have some reason to believ
it didn't apply to you?
THE DEFENDANT: I thought Colorado and California
had set precedence, Your Honor, and it was my limited
understanding and putting on blinders that led me to believe
what I want, Your Honor.
THE COURT: You understand now that under federal
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law you couldn't do any of these things.
THE DEFENDANT: Yes, Your Honor.
THE COURT: Before we move on to the other two
charges, I want to ask counsel if you believe the statements
made by the defendant are sufficient to support a plea of
guilty to Count 1.
MR. GEZON: I do, Your Honor. With the
stipulations that are in the plea agreement.
THE COURT: What are you referring to?
MR. GEZON: The amounts and the locations of the
plants. What is that, paragraph --
THE COURT: 4.
MR. GEZON: Yes.
THE COURT: I think your client said there were at
least 125 marijuana plants at this address, which was 2935
Jolly Road in Okemos.
MR. GEZON: Yes, Your Honor.
THE COURT: All right. And, Mr. Gezon, I'm sure
you've investigated this matter. Any doubt in your mind at
all that this address is within one thousand feet of Okemos
High School?
MR. GEZON: None, Your Honor.
THE COURT: All right. Ms. Shekmer, do you believ
the statements made by the defendant are sufficient to suppor
a plea of guilty to Count 1?
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MS. SHEKMER: Your Honor, I do, but if you would
indulge me I think I might help the Court and speed this alon
by explaining just a little bit about what was going on here.
All of the defendants in the indictment were
involved in the manufacture of marijuana. However, there was
actually four separate locations involved. There was 2935
Jolly, which the defendant today has spoken about, there was
also a building next to it which was 2933 Jolly, and marijuan
was grown in both of those locations. Those locations were
owned by one of Mr. Forsberg's father's family's companies,
and subleased to or leased to a company called RYDEN. RYDEN
consisted of Dennis Forsberg, Ryan Basore, Douglas Frakes, an
Lance Forsberg. RYDEN was formed for the purpose of growing
marijuana. RYDEN is the company when the defendant talks
about people making an investment, it was to RYDEN that the
people made the investment, and then the buildings were built
out to grow marijuana in them by the insulation and other
things Mr. Forsberg has stated.
Then Mr. Corey, this is Dennis Corey, and Mr. Kyle
Corey signed separate yet again subleases leasing these two
buildings as the people who were allegedly growing the
marijuana in the buildings. When in fact Lance Forsberg and
RYDEN was growing the marijuana in the buildings and Kyle
Corey was assisting Mr. Forsberg in the growing of marijuana,
and Dennis Corey was really assisting more with the cleanup
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around the area because he was hoping to learn how to do this
and do it in the future.
Those are one location. There are two locations
but in one sort of light industrial complex owned by the
Forsberg family, and that's across the street from the Okemos
High School. There is another location which is the Jolly Oa
location.
THE COURT: I'm going to stop you for just a
moment. Mr. Forsberg, did you hear everything the prosecutor
just said?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Do you agree with what she just said?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All of that's correct?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Fine. Please go on.
MS. SHEKMER: And then there was another location
which is the Jolly Oak location, which I believe this
defendant had some contact with but not as much, and this was
yet another corporation; this was a building that was owned b
the Forsberg family. It was leased to Pat Karslake. Patrick
Karslake then subleased it to Dennis Forsberg, and other
people, and they grew marijuana in there. And the portion of
the marijuana that was associated with Ryan Basore and others
was under another limited liability company called DENRY. Bu
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it operated the same way as RYDEN.
Then there was a fourth location.
THE COURT: That pertained to Count 7 or 10?
MS. SHEKMER: No, no, but it's part of the
conspiracy. And then the fourth location is the defendant's
residence which was on Magnolia in Lansing. All the other
locations were in Okemos. And at his own location and
residence, he was growing 122 marijuana plants, and those
plants were serving as the mother plants to make the clones,
to make the individual plants that would end up at other
locations in this conspiracy.
And with regard to the harvesting of marijuana,
there was at least one harvest and possibly two at the variou
locations, and that, although some was sold to the patients,
excess was sold to a dispensary owned by Ryan Basore. And
that's where the cash came back into the company to help pay
expenses. As the Court asked about the lights, the
electricity, what not, that's where some of that money came
from.
THE COURT: Mr. Forsberg, did you hear everything
else the prosecutor just said?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Is all of that correct as well?
THE DEFENDANT: Yes, Your Honor.
THE COURT: You agree with all of that?
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THE DEFENDANT: Yes, sir, I do.
THE COURT: All right. Fine. Let's look at Count
7. Now, Count 7 doesn't charge a conspiracy but it charges
the actual manufacture of marijuana within a thousand feet of
a school. Ms. Shekmer, are we talking about 2939 Jolly Road
on this one?
MS. SHEKMER: 2935, Your Honor, Jolly.
THE COURT: 2935 Jolly, I'm sorry. And that's 293
Jolly is the same address we were talking about in Count 1.
MS. SHEKMER: Correct.
THE COURT: All right. So this is the same growin
operation but here you're charging the actual manufacture of
the marijuana rather than a conspiracy.
MS. SHEKMER: Correct.
THE COURT: All right. Mr. Forsberg, is that your
understanding as well?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And in regard to Count 7, I don't thin
we have to go over all those facts again because I think the
factual basis you gave me for Count 1 would supply the facts
for Count 7.
If I went through all those facts again and
restated those again, you would agree that all of those
pertain to Count 7 as well?
THE DEFENDANT: Yes, Your Honor.
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THE COURT: And you were actually the person in
charge of growing a lot of this marijuana based on your
experience, is that right?
THE DEFENDANT: The most knowledgeable, the most
well read, Your Honor.
THE COURT: Okay. And in addition to the growing
the plants themselves, you provided the physical facilities o
you got the physical facilities up and running to grow these
plants?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Ms. Shekmer, do you believ
the statements adopted by the defendant as stated previously
are sufficient to support a plea of guilty to Count 7?
MS. SHEKMER: I do, Your Honor.
THE COURT: Thank you. Mr. Gezon, do you agree?
MR. GEZON: I do also, Your Honor.
THE COURT: All right. Let's move to Count 10.
This is another allegation of the growing of marijuana. Wher
is it alleged, Ms. Shekmer, that this took place?
MS. SHEKMER: Your Honor, this is at the
defendant's at that time residence which was on Magnolia; I
believe it was South Magnolia is Lansing.
THE COURT: Mr. Forsberg, I think you may have
already alluded to this or the prosecutor has, but tell me
what happened as far as Count 10 is concerned and where it
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happened.
THE DEFENDANT: 608 North Magnolia, Your Honor. M
personal residence.
THE COURT: North Magnolia?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. What city is that in?
THE DEFENDANT: Lansing, Michigan.
THE COURT: All right. That of course is in Ingha
County.
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. And is that where you live
in 2010?
THE DEFENDANT: Yes, Your Honor.
THE COURT: That was your home.
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. And you grew marijuana
there as well?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Tell me what happened there.
THE DEFENDANT: I became a caregiver, Your Honor.
Started trying to learn to grow cannabis there. Had a couple
failed ventures and continued to practice, continued to read,
and practice being a caregiver under what I assumed was my
legal right.
THE COURT: Under Michigan law?
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THE DEFENDANT: Under Michigan law.
THE COURT: Not under federal law?
THE DEFENDANT: No, Your Honor.
THE COURT: Okay. Go ahead.
THE DEFENDANT: As my house continued to be
infiltrated with mold, and humidity, and excessive power
bills, I looked to transfer over to the other commercial
facility.
THE COURT: If you were learning at Magnolia, and
that took place no earlier than what took place on Jolly Road
I assume that what took place on Magnolia actually started
before August of 2010?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Although the charge only
pertains to the time of August 2010 up to December 2010, is
that right?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. And you simply found that
as a physical facility was not adequate because of the mold
and the cost and so forth to grow the amount of marijuana tha
you were growing?
THE DEFENDANT: Yes, Your Honor.
THE COURT: That's why you moved to Jolly Road?
THE DEFENDANT: That was my intentions, Your Honor
THE COURT: All right. Now, did you continue to
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operate the place at Magnolia where you lived while the Jolly
Road grow operation was going on?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And did you grow at least a hundred
marijuana plants at the Magnolia address during the August to
December time period?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And of course you knew these were
marijuana plants?
THE DEFENDANT: Yes, Your Honor.
THE COURT: In fact that's why you were growing
them.
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. And how do you know there
was a hundred plants there or more?
THE DEFENDANT: It was brought to my attention by
the federal agents, Your Honor, that I had exceeded my federa
statute of a hundred plants.
THE COURT: Federal statute or state statute?
THE DEFENDANT: I was in excess of a hundred
plants.
THE COURT: There is no federal statute that lets
you grow a hundred plants, is there?
THE DEFENDANT: No, Your Honor.
THE COURT: All right. How many plants do you
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acknowledge that were actually at that address? I think you
stipulated to that in paragraph 4.
THE DEFENDANT: Yes, Your Honor. There was 122
healthy plants.
THE COURT: Separate growing plants?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Now, you said you had
removed some plants from the Jolly Street address and taken
them home, is that right?
THE DEFENDANT: The other way around, sir.
THE COURT: Oh, I'm sorry. Tell me --
THE DEFENDANT: For one to continue a genetic
strain, a clone must be made of that plant. Every cannabis
plant has different qualities and so certain cannabis plants
are preferred because of their vigorous nature. And so I
would try to find a hardy, vigorous bumper crop plant, so to
speak, and then I would supply clones to the caregivers for a
supplemental amount of income.
THE COURT: When you say you would supply it to
them, you would give them the plant?
THE DEFENDANT: I would cut the clones and make
them root so that they become a plant.
THE COURT: All right. Would you give those new
plants to other people?
THE DEFENDANT: Yes, Your Honor.
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THE COURT: And did some of those new plants go to
the Jolly Road address that you have told us about?
THE DEFENDANT: Yes, Your Honor.
THE COURT: I see. All right. Ms. Shekmer, do yo
believe the statements made by the defendant are sufficient t
support a plea of guilty to Count 10?
MS. SHEKMER: I do, Your Honor.
THE COURT: Mr. Gezon, do you agree?
MR. GEZON: I do also, Your Honor.
THE COURT: All right. And I take it,
Mr. Forsberg, that the other people named in Count 10 assiste
you at your address at Magnolia?
THE DEFENDANT: No, Your Honor, they did not.
THE COURT: What was their involvement with growin
marijuana at Magnolia?
THE DEFENDANT: Really no involvement, Your Honor.
THE COURT: Did any of these people live at
Magnolia with you?
THE DEFENDANT: No, Your Honor.
THE COURT: All right. So whatever was grown at
Magnolia, which was 122 plants at the time of the federal
authorities coming in, that was all your own operation?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. Have you had sufficient
time and opportunity to talk about this case with Mr. Gezon?
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THE DEFENDANT: Yes, Your Honor.
THE COURT: Are you satisfied with the way he has
advised you?
THE DEFENDANT: Completely, Your Honor.
THE COURT: Are you satisfied with his
representation of you here in court?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Do you have any questions about
anything we have talked about?
THE DEFENDANT: No, Your Honor.
THE COURT: You still wish to plead guilty?
THE DEFENDANT: Yes, Your Honor, I do.
THE COURT: Is there anything else the attorneys
want to place on the record at this time that would affect th
sentencing guidelines or the preparation of the presentence
report? Ms. Shekmer.
MS. SHEKMER: No, Your Honor.
THE COURT: Mr. Gezon.
MR. GEZON: Yes, Your Honor. As you've been able
to ascertain from asking questions and understanding what
happened here, this group of people were growing marijuana fo
what they thought was medical or was for medical marijuana
purposes hoping to be within the scope of the state law. I
think eventually the proofs will show and the presentence
report that they were not necessarily in complete compliance
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with the state law. And that they were hoping that they were
although they knew it was against federal law, they were
hoping from what they saw in newspapers and from other report
that the federal prosecutors would not charge them if they
stayed at the level they were. They were wrong in that. And
eventually that's why they are here. But this is not about
any illegal diversion to the illegal marijuana trade outside
of the medical marijuana trade. That's the only thing I
wanted to add. It's not necessary for the elements of this
case, Your Honor, but I just wanted to clarify that from the
questions that were asked and from what the prosecutor said.
THE COURT: All right. Thank you. Anything
further?
MS. SHEKMER: No. Thank you.
THE COURT: That was my sense from the responses.
It doesn't, however, change what the federal law provides or
requires. The federal law is still there. It's been in
existence for a long period of time and certainly long before
the state decided that it was going to allow medical
marijuana, or at least not prosecute medical marijuana. I
don't know if they technically ever allow it but they may hav
decided under certain instances they wouldn't prosecute it.
Regardless, that never changed federal law.
Both the federal government and the State of
Michigan have a law against bank robbery, and the State of
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final adjudication on these matters by the district judge at
or before the time of sentencing.
I find both the plea agreement and the pleas to
have been voluntarily and knowingly entered into. However, I
do not accept or reject the plea agreement but specifically
reserve acceptance of that agreement for the district judge a
or before the time of sentencing.
The parties know my report and recommendation. Yo
have 14 days from today to file any objections to that, even
though you have not yet received a written copy, although I
suspect one will be on your desk before you get back to your
respective offices.
The matter is referred to the probation office for
preparation of a presentence report. Mr. Gezon, I know you'r
aware of your obligation to put your client in immediate
contact with that office. The transcript of these proceeding
is available through the clerk's office to counsel upon
request.
Unless there is an objection bond will be
continued. Is there anything further we need to do this
morning on this case, Ms. Shekmer?
MS. SHEKMER: No.
THE COURT: Thank you. Mr. Gezon, anything
further?
MR. GEZON: No. Thank you very much.
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THE COURT: Fine. Thank you. And we will stand i
recess until our next matter.
(Proceedings concluded, 11:52 a.m.)
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C E R T I F I C A T E
I certify that the foregoing is a transcript from the
Liberty Court Recording System digital recording of the
proceedings in the above-entitled matter to the best of my
ability.
/s/ Kathy J. Anderson
Kathy J. Anderson, CSR-2573
U.S. District Court Reporter
402 Federal Building
Grand Rapids, MI 49503
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