Petition for Writ of Certiorari — Deonte Courtez Gates, Petitioner v. United States

APPENDIX

APPENDIX TABLE OF CONTENTS

Appendix A – Opinion of the United Sates Sixth Circuit Court of Appeals, issued

September 6, 2022……………………………………………………………………….App. 1

Appendix B – Judgment of the United States District Court of the Western District

of Michigan, dated December 10, 2020……………………………………………….App.

25

APPENDIX A

App. 1

App. 2

App. 3

App. 4

App. 5

App. 6

App. 7

App. 8

App. 9

App. 10

App. 11

App. 12

App. 13

App. 14

App. 15

App. 16

App. 17

App. 18

App. 19

App. 20

App. 21

App. 22

App. 23

App. 24

Case 1:19-cr-00157-PLM ECF No. 171, PageID.932 Filed 12/10/20 Page 1 of 7

AO 245B (MIWD Rev. 12/16)- Judgment in a Criminal Case

APPENDIX B

App. 25

UNITED STATES DISTRICT COURT

Western District of Michigan

UNITED STATES OF AMERICA

JUDGMENT IN A CRIMINAL CASE

-vsDEONTE COURTEZ GATES

Case Number: 1:19-cr-157-02

USM Number: 22613-040

Matthew G. Borgula

Defendant’s Attorney

THE DEFENDANT:

‫܈‬

‫܆‬

‫܆‬

pleaded guilty to Counts Two and Three of the Indictment.

pleaded nolo contendere to Count(s) _______ , which was accepted by the court.

was found guilty on Count(s) _______ after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Offense Ended

Title & Section

21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii)

March 26, 2019

Possession with Intent to Distribute 50 Grams or More of Methamphetamine

18 U.S.C. § 924(c)(1)(A)(i)

March 26, 2019

Possession of a Firearm in Furtherance of a Drug Trafficking Crime

Count

Two

Three

The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed

pursuant to the Sentencing Reform Act of 1984.

‫ ܈‬Count One is dismissed on the motion of the United States.

IT IS ORDERED that the defendant must notify the United States attorney for this district within 30 days of any

change of name, residence, or mailing address until all fines, restitution, costs, and special assessments

imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and the

United States attorney of material changes in economic circumstances.

Date of Imposition of Sentence: December 9, 2020

DATED: December 10, 2020

/s/ Paul L. Maloney

Paul L. Maloney

United States District Judge

Case 1:19-cr-00157-PLM ECF No. 171, PageID.933 Filed 12/10/20 Page 2 of 7

AO 245B (MIWD Rev. 12/16)- Judgment in a Criminal Case

Judgment – Page 2

Defendant: DEONTE COURTEZ GATES

Case Number: 1:19-cr-157-02

App. 26

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total

term of one hundred ten (110) months on Count 2 and sixty (60) months on Count 3, to be served

consecutively.

‫܈‬

The court makes the following recommendations to the Bureau of Prisons:

That defendant receives educational and vocational training opportunities.

That defendant receives a substance abuse assessment and recommended treatment.

That defendant is screened for participation in the 500-hour Residential Drug Abuse Program.

That defendant receives a mental health evaluation and recommended treatment.

That defendant is designated to a correctional facility close to Michigan.

‫܈‬

‫܆‬

The defendant is remanded to the custody of the United States Marshal.

The defendant shall surrender to the United States Marshal for this district:

‫ ܆‬at _______ on _______

‫ ܆‬as notified by the United States Marshal.

‫܆‬

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

‫ ܆‬before 2:00 P.M. on _______

‫ ܆‬as notified by the United States Marshal.

‫ ܆‬as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:

Defendant delivered on

at

to

, with a certified copy of this judgment.

United States Marshal

By:

Deputy United States Marshal

Case 1:19-cr-00157-PLM ECF No. 171, PageID.934 Filed 12/10/20 Page 3 of 7

AO 245B (MIWD Rev. 12/16)- Judgment in a Criminal Case

Judgment – Page 3

Defendant: DEONTE COURTEZ GATES

Case Number: 1:19-cr-157-02

App. 27

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four (4)

years on each of Counts 2 and 3, to be served concurrently.

MANDATORY CONDITIONS

1. You must not commit another federal, state, or local crime.

2. You must not unlawfully possess a controlled substance.

3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within

15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the

court.

‫ ܆‬The above drug testing condition is suspended, based on the court’s determination that you pose

a low risk of future substance abuse. (check if applicable)

4. ‫ ܈‬You must cooperate in the collection of DNA as directed by the probation officer.

5. ‫ ܆‬You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C.

§ 20901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender

registration agency in the location where you reside, work, are a student, or were convicted of a qualifying

offense. (check if applicable)

6. ‫ ܆‬You must participate in an approved program for domestic violence. (check if applicable)

7. ‫ ܆‬You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute

authorizing a sentence of restitution. (check if applicable)You must comply with the standard conditions that have been

adopted by this court as well as with any other conditions on the attached page.

Case 1:19-cr-00157-PLM ECF No. 171, PageID.935 Filed 12/10/20 Page 4 of 7

AO 245B (MIWD Rev. 12/16)- Judgment in a Criminal Case

Judgment – Page 4

Defendant: DEONTE COURTEZ GATES

Case Number: 1:19-cr-157-02

App. 28

STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions

are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum

tools needed by probation officers to keep informed, report to the court about, and bring about improvements in your conduct

and condition.

1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours

of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or

within a different time frame.

2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about

how and when you must report to the probation officer, and you must report to the probation officer as instructed.

3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting

permission from the Court or the probation officer.

4. You must answer truthfully the questions asked by your probation officer.

5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your

living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the

change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify

the probation officer within 72 hours of becoming aware of a change or expected change.

6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the

probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view.

7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses

you from doing so. If you do not have full-time employment you must try to find full-time employment, unless the

probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such

as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If

notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must

notify the probation officer within 72 hours of becoming aware of a change or expected change.

8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone

has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting

the permission of the probation officer.

9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e.,

anything that was designed, or was modified for the specific purpose of causing bodily injury or death to another person

such as nunchakus or tasers).

11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or

informant without first getting the permission of the court.

12. If the probation officer determines that you pose a risk to another person (including an organization), the probation

officer may require you to notify the person about the risk and you must comply with that instruction. The probation

officer may contact the person and confirm that you have notified the person about the risk.

13. You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy

of this judgment containing these conditions. For further information regarding these conditions, see Overview of Probation

and Supervised Release Conditions, available at www.uscourts.gov.

Defendant’s Signature

Date

Case 1:19-cr-00157-PLM ECF No. 171, PageID.936 Filed 12/10/20 Page 5 of 7

AO 245B (MIWD Rev. 12/16)- Judgment in a Criminal Case

Judgment – Page 5

Defendant: DEONTE COURTEZ GATES

Case Number: 1:19-cr-157-02

App. 29

SPECIAL CONDITIONS OF SUPERVISION

1. You must participate in a program of testing and treatment of substance abuse, as directed by the probation officer,

and follow the rules and regulations of that program until such time as you are released from the program by the

probation officer and must pay at least a portion of the cost according to your ability, as determined by the probation

officer.

2. If you are unemployed after the first 60 days of supervision, or for 60 days after termination or lay-off from

employment, you must perform at least 20 hours of community service work per week, as directed by the probation

officer, until gainfully employed full-time.

3. You must not possess or be the primary user of any cellular phone without prior permission from the probation

officer. If given permission to use/possess a cellular phone, you must provide the number to the probation officer

and the phone must be maintained in your name or another name approved in advance by the probation officer.

4. You must provide the probation officer with your monthly cellular and home telephone bills with each monthly report

form and must report any cellular telephone you have used or own on each report form.

5. You must submit your person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C. §

1030(e)(1)), other electronic communications or data storage devices or media, or office, to a search conducted by

a United States probation officer. Failure to submit to a search may be grounds for revocation of release. You

must warn any other occupants that the premises may be subject to searches pursuant to this condition. The

probation officer may conduct a search under this condition only when a reasonable suspicion exists that you have

violated a condition of supervision and that the areas to be searched contain evidence of this violation. Any search

must be conducted at a reasonable time and in a reasonable manner.

Case 1:19-cr-00157-PLM ECF No. 171, PageID.937 Filed 12/10/20 Page 6 of 7

AO 245B (MIWD Rev. 12/16)- Judgment in a Criminal Case

Judgment – Page 6

Defendant: DEONTE COURTEZ GATES

Case Number: 1:19-cr-157-02

App. 30

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the Schedule of Payments on the following

pages.

Assessment

Fine

Restitution

$200.00

-0-

-0-

‫ ܆‬The determination of restitution is deferred until _______. An Amended Judgment in a Criminal Case (AO

245C) will be entered after such a determination.

‫ ܆‬The defendant must make restitution (including community restitution) to the following payees in the

amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment,

unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18

U.S.C. § 3664(I), all nonfederal victims must be paid before the United States is paid.

Name of Payee

Total Loss*

Restitution Ordered

TOTALS

$ 0.00

$ 0.00

Priority or Percentage

‫ ܆‬Restitution amount ordered pursuant to plea agreement.

‫ ܆‬The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or

fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f).

All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant

to 18 U.S.C. § 3612(g).

‫ ܆‬The court determined that the defendant does not have the ability to pay interest and it is ordered that:

‫ ܆‬the interest requirement is waived for the fine.

‫ ܆‬the interest requirement is waived for the restitution.

‫ ܆‬the interest requirement for the fine is modified as follows: __________

‫ ܆‬the interest requirement for the restitution is modified as follows: __________



* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on

or after September 13, 1994, but before April 23, 1996.

Case 1:19-cr-00157-PLM ECF No. 171, PageID.938 Filed 12/10/20 Page 7 of 7

AO 245B (MIWD Rev. 12/16)- Judgment in a Criminal Case

Judgment – Page 7

Defendant: DEONTE COURTEZ GATES

Case Number: 1:19-cr-157-02

App. 31

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

A

‫ ܈‬Lump sum payment of $200.00 due immediately, balance due

‫ ܆‬not later than ________, or

‫ ܆‬in accordance with ‫ ܆‬C, ‫ ܆‬D, ‫ ܆‬E, or ‫ ܆‬F below; or

B

‫ ܆‬Payment to begin immediately (may be combined with C, D, or F below); or

C

‫ ܆‬Payment in equal ________ installments of $________ over a period of ________, to commence ________

after the date of this judgment; or

D

‫ ܆‬Payment in equal ________ installments of $________ over a period of ________, to commence ________

after release from imprisonment to a term of supervision; or

E

‫ ܆‬Payment during the term of supervised release will commence within ________ after release from imprisonment.

The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

F

‫ ܆‬Special instructions regarding the payment of criminal monetary penalties:

Click or tap here to enter text.

Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes imprisonment,

payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except

those payments made through the Federal Bureau of Prisons’ Inmate Financial Responsibility Program, are made to the

Clerk of the Court, 399 Federal Building, 110 Michigan N.W., Grand Rapids, MI 49503, unless otherwise directed by the

court, the probation officer, or the United States Attorney.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

‫ ܆‬Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and

Several Amount and corresponding payee, if appropriate.

‫ ܆‬The defendant shall pay the cost of prosecution.

‫ ܆‬The defendant shall pay the following court cost(s):

‫ ܈‬The defendant shall forfeit the defendant’s interest in the following property to the United States:

The property described in the Preliminary Order of Forfeiture issued on October 5, 2020 (ECF No. 143).

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine

interest, (6) community restitution, (7) JVTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.