Petition for Writ of Certiorari — Justin Lang Williams, Petitioner v. United States
Supreme Court briefMar 6, 2025
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No. ___________
In The
Supreme Court of the United States
JUSTIN LANG WILLIAMS,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
On Petition for Writ of Certiorari to the
United States Court of Appeals
for the Fifth Circuit
______________
APPENDIX TO
PETITION FOR WRIT OF CERTIORARI
______________
Robert R. Bell, III
Counsel of Record
BAILEY & GLASSER, LLP
P.O. Box 1089
Hewitt, TX 76643
(304) 345-6555
rbell@baileyglasser.com
Counsel for Petitioner
GibsonMoore Appellate Services, LLC
206 East Cary Street ♦ P.O. Box 1460 (23218) ♦ Richmond, VA
804-249-7770 ♦ www.gibsonmoore.net
23219
TABLE OF CONTENTS
Appendix
Page:
Opinion
U.S. Court of Appeals for the Fifth Circuit
filed December 23, 2024. . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix A
Judgment
U.S. District Court Western District of Texas
filed April 11, 2024. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix B
Transcript of Sentencing Hearing Before
The Honorable Alan D. Albright
on April 10, 2024. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix C
Indictment
filed October 10, 2023. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix D
-i-
Case: 24-50376
Document: 48-1
Page: 1
Date Filed: 12/23/2024
Wniteb $>tates <!Court of ~ppeals
for tbe jfiftb <!Circuit
United States Court of Appeals
Fifth Circuit
FILED
December 23, 2024
No. 24-50376
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintijf-Appellee,
versus
JUSTIN LANG WILLIAMS,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:23-CR-221-1
Before BARKSDALE, HAYNES, and WILSON, Circuit Judges.
PER CURIAM: *
Justin Lang Williams challenges his within-Guidelines SI-months'
sentence, imposed following his guilty-plea conviction for felon in possession
of a firearm, in violation of18 U.S.C. § 922(g)(l). Through counsel different
from his counsel at sentencing, Williams contends the district court erred by
not granting him a sentencing adjustment under Sentencing Guideline
• This opinion is not designated for publication. See 5TH C IR . R. 47.5.
APPENDIX A
Case: 24-50376
Document: 48-1
Page: 2
Date Filed: 12/23/2024
No. 24-50376
§ 3£1.1 for acceptance of responsibility, asserting the criminal behavior that
led to the denial was unrelated to the offense of conviction.
Because Williams did not preserve this issue in district court, review
is only for plain error. E.g., United States v. Broussard, 669 F .3d 537, 546 (5th
Cir. 2012). Under that standard, he must show a forfeited plain error (clearor-obvious error, rather than one subject to reasonable dispute) that affected
his substantial rights. Puckett v. United States, 556 U.S. 129, 135 (2009). If
he makes that showing, we have the discretion to correct the reversible plain
error, but generally should do so only if it "seriously affect[ s] the fairness,
integrity or public reputation of judicial proceedings". Id. (citation omitted).
The presentence investigation report noted Williams' post-arrest
drug use and concluded it was criminal conduct that disqualified him from
receiving a§ 3El.1 adjustment. As Williams concedes, our court has affirmed
the denial of a § 3El.1 adjustment where there is post-arrest criminal
conduct, including illegal drug use. E.g., United States v. Hinojosa-Almance,
977 F.3d 407, 411 (5th Cir. 2020) (denying credit where defendant violated
pretrial-release conditions by failing to report police contact, drinking
excessively, and driving under influence of alcohol). The § 3El.1 adjustment
may be denied in these circumstances even when defendant's new crimes
"were not directly related to the underlying criminal conduct with which he
was charged". Id. at 411. Williams falls far short of showing the requisite
clear-or-obvious error.
AFFIRMED.
2
UNITED ST ATES DISTRICT COURT
WESTERN DlSTRlCT OF TEXAS
Waco DlVlSlON
UNITED STATES OF AMERICA
CaseNumber: 6:23-CR-00221(1)-ADA
V.
USM Number: 78693-510
Justin Lang Williams
Defendant.
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
The defendant. Justin Lang Williams. was represented by Zachary L. Boyd (CJA Appointment).
The defendant pied guilty to Count(s) One of the Indictment on December 19. 2023. Accordingly, the defendant is adjudged
uilty of such Count(s). involving the following offense(s):
I 8 U.S.C. §§ 922(g)(l) and
92 (a)(8)
Nature of Offense
Offense Ended
Count
Possession of a Firearm by a
Convicted Felon
September 19. 2023
One (I)
As pronounced on April 10, 2024, the defendant is sentenced as provided in pages 2 through 6 of this Judgrnent. The sentence
ir imposed pursuant to the Sentencing Refonn Act of 1984.
It is furtl1er ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of
1ame. residence. or mailing address until all fines. restitution. costs, and special assessments imposed by this judgment arc fully paid.
~f ordered to pay restitution, the defendant must notify the Court and United States Attorney of material changes in economic
ircumstances.
Signed this 11111 day of April, 2024.
---1CLAN D. ALBRlGHT
United States District Judga
24-50376.55
APPENDIX B
AO 245B (Rev. TXN 10/12) Judgment in ct Criminc1I Case::
EFENDANT:
ASE NUMBER:
Judgment -- Pctgt: 2 of 6
Justin Lang Williams
6:23-CR-00221 ( l )-ADA
IMPRISONMENT
The defendant is hereby committed to the custody of the United Slates Bureau of Prisons to be imprisoned for a term of FIFTY-SEVEN (57)
Mo tbs as to count One (1).
The Court makes the following recommendation to the Bureau of Prisons:
RETURN
I have executed this judgment as follows:
Defendant delivered on _ _ _ _ _ _ _ _ _ _ _
,t____________
to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_
_,. with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY L 1 1TEDSTATES MARSHAL
24-50376.56
1
A O 245B (Rev. TXN 10/12) Judgment in a Criminal Case
EFENDANT:
ASENUMBER:
Justin Lang Williams
6:23-CR-00221 ( 1)-ADA
Judgment-- Page 3 of 6
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of THREE (3) Years as
to c unt One (1).
X
While on supervised release, the defendant shall comply with the mandatory. standard and if applicable. the special
onditions that have been adopted by th.is Court, and shall comply with the following additional conditions:
111e defendant shall submit his or her person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C.
§ l 030(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 ofrelease. The defendant shall warn
any other occupants that the premises may be subject to searches pursuant to this condition. 111e probation officer may
conduct a search under this condition only when reasonable suspicion exists that the defendant has violated a condition of
supervision and that the areas to be searched contain evidence of this violation. Any search shall be conducted at a
reasonable time and in a reasonable manner.
X
The defendant shall participate in a substance abuse treatment program and follow the rules and regulations of that progran1.
111e program shall include testing and examination to determine if the defendant has reverted to the use of drugs and alcohol.
111e probation officer shall supervise the participation in the program (provider, location, modality, duration, intensity, etc.).
111e defendant shall pay the costs of such treatment if financially able.
X
The defendant shall submit to substance abuse testing to determine if the defendant has used a prohibited substance. The
defendant shall not attempt to obstruct or tamper with the testing methods. The defendant shall pay the costs of testing if
financially able.
24-50376.57
AO 245B (Rev. TXN 10/12) Judgment in a Criminal Case
EFENDANT:
ASE NUMBER:
Mandato
Conditions:
Judgment-- Page 4 of6
Justin Lang Williams
6:23-CR-00221(1)-ADA
CONDITIONS OF SUPERVISION
[I]
The defendant shall not commit another federal, state, or local crime during the term of supervision.
l2]
The defendant shall not unlawfully possess a controlled substance.
[3 J
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test
within 15 days of release on probation or supervised release and at least two periodic drug tests thereafter (as determined by
the court), but the condition stated in this paragraph may be ameliorated or suspended by the court if the defendant's
presentence report or other reliable sentencing infonnation indicates low risk of future substance abuse by the defendant.
[4]
The defendant shall cooperate in the collection of DNA as instructed by the probation officer, if the collection of such a
sample is authorized pursuant to section 3 of the DNA Analysis Backlog Eli.mi.nation Act of 2000 (42 U.S.C. § 14135a).
[5]
If applicable. the defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (34
U.S.C. § 20901, et. seq.) as instructed by the probation officer, the Bureau of Prisons, or any state sex offender registration
agency in which the defendant resides, works, is a student, or was convicted of a qualifying offense.
(6]
If convicted of a domestic violence crime as defined in 18 U.S.C. § 356l{b), the defendant shall participate in an approved
program for domestic violence.
171
If the judgment imposes a fine or restitution, it is a condition of supervision that the defendant pay in accordance with the
Schedule of Payments sheet of the judgment.
[8]
The defendant shall pay the assessment imposed in accordance with 18 U.S.C. § 3013.
(9]
The defendant shall notify the court of any material change in the defendant's economic circumstances that might affect the
defendant's ability to pay restitution, fines or special assessments.
·tandard Conditions:
[ 1]
The defendant shall report to the probation office in the federal judicial district where he or she is authorized to reside within
72 hours of release from imprisonment, unless the probation officer instructs the defendant to report to a different probation
office or within a different time frame.
[2]
After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer
about how and when to report to the probation officer, and the defendant shall report to the probation officer as instructed.
[3]
The defendant shall not knowingly leave the federal judicial district where he or she is authorized to reside without first
getting pennission from the court or the probation officer.
[4]
The defendant shall answer truthfully the questions asked by the probation officer.
[5j
The defendant shall live at a place approved by the probation officer. If the defendant plans to change where he or she lives
or anything about his or her living arrangements (such as the people the defendant lives with), the defendant shall notify the
probation officer at least 10 days before U1e change. lf notifying the probation officer in advance is not possible due to
unanticipated circumstances, the defendant shall notify the probation officer within 72 hours of becoming aware of a change
or expected change
[6]
The defendant shall allow the probation officer to visit the defendant at any time at his or her home or elsewhere, and the
defendant shall pennit the probation officer to take any items prohibited by the conditions of the defendant's supervision that
arc observed in plain view.
24-50376.58
AO 245B (Rev. TXN 10/12) Judgment in a Criminal Case
EFENDANT:
ASE NUMBER:
Judgment -- Page 5 of 6
Justin Lang Williams
6:23-CR-00221 (1)-ADA
[71
The defendant shall work full time (at least 30 hours per week) at a lawful type of employment wtless the probation officer
excuses the defendant from doing so. If the defendant does not have full-time employment. he or she shall try to find fulltime employment. unless the probation officer excuses the defendant from doing so. If the defendant plans to change where
the defendant works or anything about his or her work (such as the position or job responsibilities), the defendant shall 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, the defendant shall notify the probation officer within 72 hours of becom.ing
aware of a change or expected change.
[8]
The defendant shall. not conununicate or interact with someone the defendant knows is engaged in criminal activity. If the
defendant knows someone has been convicted of a felony the defendant shall not knowingly communicate or interact with
that person without first getting the pennission of the probation officer.
[9]
If the defendant is arrested or questioned by a law enforcement officer. the defendant shall notify the probation officer with.in
72 hours.
[lOJ
The defendant shall not own, possess, or have access to a fireann, 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]
The defendant shall not act or make any agreement with a law enforcement agency to act as a confidential human source or
.infonnant without first getting the penn.ission of the court.
[ 12]
lf the probation officer detennines that the defendant poses a risk to another person (including an organization), the probation
officer may require the defendant to notify the person about the risk and the defendant shall comply with that instruct.ion.
The probation officer may contact the person and confinn that the defendant has notified the person about the risk.
[ 13]
The defendant shall follow the instructions of the probation officer related to the conditions of supervision.
[ 14]
If the judgment imposes other criminal monetary penalties, it is a condition of supervision that the defendant pay such
penalties in accordance wit11 the Schedule of Payments sheet of the judgment.
[ 15]
If tl1e judgment imposes a fine, special assessmen t restitution, or other criminal monetary penalties. it is a condition of
supervision that the defendant shall provide t11e probation officer access to any requested financial infonnation.
[16]
If the judgment imposes a fine, special assessment, restitution, or other cri1n.inal monetary penalties, it is a condition of
supervision that the defendant shall not incur any ne\Y credit charges or open additional lines of credit without the approval
of the probation officer. unless the defendant is in compliance with t11e payment schedule.
[ 17]
If tl1e defendant is excluded, deported. or removed upon release on probation or supervised release. tl1e tenn of supervision
shall be a non-reporting tenn of probation or supervised release. The defendant shall not illegally re-enter the United States.
If the defendant is released from confinement or not deported, or lawfuUy re-enters the United States during the tem1 of
probation or supervised release, the defendant shall i1mnediately report in person to t11e nearest U.S. Probation Office.
24-50376.59
AO 245B (Rev. TXN l0/12) Judgment in a Criminal Case
)EFENDANT:
:::ASE NUMBER:
Judgment -- Page 6 of 6
Justin Lang Williams
6:23-CR-00221(1)-ADA
CRIMINAL MONETARY PENALTIES/SCHEDULE
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth.
Unless the Court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
tlue during t11e period of imprisonment.
Criminal Monetary Penalties, except those payments made through Federnl Bureau of Prisons' frunate Financial
Responsibility Program, shall be paid through the Clerk, United States District Court, Attn: Mail Log. 800 Franklin, Suite 380.
Waco, TX. 7 6701 or online by Debit (credit cards not accepted) or ACH payment (direct from Checking or Savings Account)
through Pay.gov (link accessible on the landing page of the U.S. District Court's Website). Your mail-in oronlinc payment
must include your case number in the exact format of DTXW623CR000221-001 to ensure (lroper aJJ()lication to your
criminal monetary penalty. The defendant shall receive credit for all payments previously made toward any criminal
monetary penalties imposed.
The defendant shall receive credit for all payments previously made toward a n y criminal monetary penalties imposed.
If the defendant is not now able to pay this indebtedness, the defendant shall cooperate fully with the office of the United States
f\ttomey. t11e Federnl Bureau of Prisons and/or the United States Probation Office to make payment in full as soon as possible, including
Uuring any period of incarceration. Any unpaid balance at the commencement of a tenn of probation or supervised release shall be
paid on a schedule of monthly installments to be established by the U.S. Probation office and approved by the Court.
TOTAL:
Assessment
Fine
Restitution
AVAA Assessment*
JVTA Assessment**
$100.00
$100.00
$0.00
$0.00
$0.00
Snecial Assessment
lt is o; dered that the defendant shall pay to t11e United States a special assessment of $100.00. The debt is incurred immediately.
The d fendant shall pay a fine of $100.00. The Court finds the defendant has the present and future ability to pay a reduced fine. This is the
total o,.. the fines imposed on individual counts, as follows. $100.00 on count One (1).
If the defendant makes a partial payment, each payee shall receive an approicimately proportioned payment, unless specified otherwise in the priority order or
perce,tage payment column above. However, pursuant to 16 U.S.C. § 3664(i), all non-federal victims must be paid before the United States is paid.
If the fine is not paid, the court may sentence the defendant to any sentence which might have been originally imposed. See 18 U.S.C. §3614.
The defendant shall pay interest on any fine or restitution of more than $2,500.00, unless the fine or restitution is paid in full before the fifteenth day after the date of the
judgrr ent, pursuant to 18 U.S.C. §3612(1). All payment options may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. §3612(9).
Pay mens shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment, (5) fine principal, (6) fine interest, (7) communtty
restituticn, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of prosecution and court costs.
Findings For the total amount oflosses 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.
24-50376.60
Case 6:23-cr-00221-ADA Document 49 Filed 05/21/24 Page 1 of 10
r - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - -1
1
IN THE UNITED STATE S DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION
2
3
UNITED ST ATES OF AMERIC A*
4
vs .
5
JUSTIN LANG WILLIAMS
6
7
8
9
*
14
15
16
11:36
17
*
*
6 : 23 - CR - 221
BEFORE THE HONORABLE ALAND ALBRIGHT
SENTENCING HEARING
APPEARANCES :
For the Government:
Christopher Blanton, Es q.
Assistant U.S . Attorney
PO Box 828
Waco, Texas 76701
For the Defendant:
Zachary L. Boyd , Esq .
PO Box 870
Copperas Cove , Te xas 76522
Court Reporter :
Kristie M. Davis , CRR , RMR
PO Box 20994
Waco , Texas 76702-0994
(254) 340 - 6114
12
13
2024
* CRIMINAL ACTION NO .
10
11
April 10 ,
Proceed ing s recorded by mechanica l
stenography ,
transcript produced by computer-aided transcription.
18
19
20
21
22
23
24
25
KRISTIE M. DAVIS, OFFICIAL COURT REPORTES, ,_
U . S . DISTRICT COURT , WESTERN DISTRICT OF TEXAS
(WA@) S0
3 76 94
•
APPENDIX C
Case 6:23-cr-00221-ADA Document 49 Filed 05/21/24 Page 2 of 10
,------------------------------------2
11:36
1
(Hearing begins.)
11:36
2
DEPUTY CLERK:
11:36
3
6:23-CR-221,
11:36
4
Williams.
11:36
5
11:36
6
11:36
7
11:36
8
11:36
9
11:37
10
11:37
11
(Off-the-record discussion.)
11:37
12
(Defendant was sworn.)
11:37
13
THE COURT:
11:37
14
Did you hear what I said to the other folks and you
11:38
15
about your right to appeal?
11:38
16
THE DEFENDANT:
11:38
17
THE COURT:
11:38
18
read to you a copy of the presentence investigation
11:38
19
report and gone over it with your counsel?
11:38
20
THE DEFENDANT:
11:38
21
THE COURT:
Are there objections?
11:38
22
MR. BOYD:
Judge,
11:38
23
There's more of a 'taint fair argument.
11:38
24
THE COURT:
A little bit of whining?
11:38
25
MR. BOYD:
It's simply whining variety,
Court calls Case
United States of America vs.
Justin Lang
Case called for a sentencing hearing.
MR. BLANTON:
government,
Chris Blanton for the
Your Honor.
THE COURT:
Just when I thought I
couldn't be any happier, Mr. Boyd walks up.
MR. BOYD:
Mr.
Judge,
Zachary Boyd for
Justin Lang Williams.
Mr. Williams,
Yes,
Okay.
sir,
good morning.
Your Honor.
Have you read or had
Yes,
sir,
Your Honor.
there's no objections.
KRISTIE M. DAVIS, OFFICIAL COURT REPORTE
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WAC -50376-95
Case 6:23-cr-00221-ADA Document 49 Filed 05/21/24 Page 3 of 10
,---------------------------------3
11:38
1
Judge,
11:38
2
hard to explain to someone who stood up and said I'm
11:38
3
guilty and I accept responsibility who's a drug addict
11:38
4
and subsequently gets in trouble, but I'll reserve that
11:38
5
for my argument as I try
11:38
6
THE COURT:
Did he lose his three points?
11:38
7
MR. BOYD:
He lost his three points
11:38
8
because he subsequently -- on the date of the PSR he
11:38
9
was tested.
11:38
10
Farms Treehouse.
11:38
11
THE COURT:
After that?
11:38
12
MR. BOYD:
Yes.
11:38
13
Christian Farms Treehouse.
11:38
14
since.
11:38
15
custody since January of this year.
11:39
16
concern.
11:39
17
to pick a fight with probation.
11:39
18
guidelines right and I have my concern.
11:39
19
THE COURT:
and it's of the whining variety because it's so
He was positive.
He was sent to Christian
He was
He was kicked out of
He has not fought anything
He went right into custody.
He stayed in
So that's my only
I'm not going to say that -- I'm not trying
Okay.
I think you read the
Then the Court adopts
20
the recommendations of the United States Probation
21
Office and adopts by reference and imposes the
22
mandatory and standard conditions of probation and
23
supervised release in the district-wide standing order
11:39
24
of November of 2016.
11:39
25
Mr. Williams,
you're a total offense
KRISTIE M. DAVIS, OFFICIAL COURT REPORTE
A
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WAca)-S03?6•96
Case 6:23-cr-00221-ADA Document 49
Filed 05/21/24 Page 4 of 10
r----------------------------------4
11:39
1
level of 24,
11:39
2
guideline range of 57 to 71 months,
11:39
3
supervised release of up to three years.
11:39
4
ineligible for probation.
11:39
5
There's no restitution.
11:39
6
assessment of $100.
11:39
7
11:39
8
11:39
9
11:40
10
apologize to the court system for wasting y'all time
11:40
11
over something that's so small in my eyes.
11:40
12
understand that I may get up at the top because I feel
11:40
13
like I was guilty of the charge, but there's a lot of
11:40
14
things I feel like that's really unnecessary in my case
11:40
15
like with the point system level,
and I know this is my
11:40
16
first time,
really just,
facing this
11:40
17
situation.
So that's why I wasn't really like aware of
11:40
18
it, but like I don't have no history or no background
11:40
19
to where I feel like I should be so high on the point
11:40
20
system.
11:40
21
been in trouble in years.
11:40
22
problem, but I don't go out there and commit crime when
11:40
23
I'm on drugs.
11:40
24
depression problems from my past which I use drugs,
ll:40
25
know,
criminal history category of two,
a
a term of
You're
A fine of up to $200,000.
There's a one time special
Mr. Williams, what do you care to say to
the Court?
THE DEFENDANT:
First of all,
you know,
I'd like to
I
I have one felony on my record and I ain't
And,
yes,
I do have a drug
It's just a point that I have a lot of
to cope and deal with my situation.
I admitted
KRISTIE M. DAVIS, OFFICIAL COURT REPORTE ,
U.S.
DISTRICT COURT I WESTERN DISTRICT OF TEXAS
you
(WAc&i-
50376-97
Case 6:23-cr-00221-ADA Document 49
Filed 05/21/24 Page 5 of 10
r--------------------------------5
11:40
1
guilt because I'm aware of what I do at the times I do
11:40
2
them and I'm very aware and I apologize to my family
11:40
3
that I put them through what I'm going through, but I
11:41
4
have no,
11:41
5
my responsibility -- do you know what I'm saying?
11:41
6
I understand that.
11:41
7
of that,
11:41
8
you know what I'm saying?
11:41
9
11:41
10
you today did not fully understand "let's not make a
11:41
11
federal case out of something" until he made a federal
11:41
12
case out of something.
11:41
13
course into just how serious this is.
11:41
14
11:41
15
words, but he speaks from the heart and he speaks his
11:41
16
experience.
11:41
17
11:41
18
caught in Killeen with guns.
11 :41
19
Maybe it's not right.
11:42
20
you just got to have guns for protection in Killeen,
11:42
21
Texas.
11:42
22
will tell you that I don't frequent parts of Killeen
11:42
23
without protection.
11:42
24
11:42
25
you know,
no reason for,
you know,
And I -- you know,
accepting
Like
I'm well aware
Do
and that's pretty much all I have to say.
MR. BOYD:
Judge,
the man you see before
And he has gotten the crash
You know, he is not eloquent in his
When you look through the PSI,
That happens,
he was
Judge.
But I will tell you sometimes
It's not what everyone wants to hear, but I
Just how it is.
In terms of what I think is appropriate,
I have worked with Mr. Williams for a pretty good while
KRISTIE M. DAVIS, OFFICIAL COURT REPORTE ,
V. S.
DISTRICT COURT,
WESTERN DISTRICT OF TEXAS
(WA65'i-S0
375 •9B
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now,
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when he is on drugs than after he's had time to clean
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up.
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addict.
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treatment.
When he is on drugs,
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He just is.
He doesn't mean to be.
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be difficult.
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when he's on drugs.
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is cleaned up and we are 90 days past,
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rationally.
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what he says, please don't take that as him knocking
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the system so much as he's ignorant of the system.
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mean,
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from drug dealers at higher levels to users get
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sentenced today.
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using at a young age.
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mother got him addicted to drugs.
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more without blame than a child who is introduced to
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drugs to forever change your life trajectory such that
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that may even be acceptable than to have a mother
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introduce a child to drugs.
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here today,
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PSR.
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criminogenic dynamics and all of the statistics that
and I can tell you he is a whole lot different
And he doesn't really realize it because he's an
And he's an addict who needs help and needs
he is an angry man.
He doesn't mean to
He -- it's not in him to be that way
When he is not on drugs,
when he
he can speak
He can begin to understand.
When he says
And I heard you speak earlier of -- I
I sat in this courtroom and watched everything
My client is a user.
And he began
If you look at the PSR,
his
I don't know what is
It is no surprise we're
especially in light of everything in the
Especially if you start looking at the
KRISTIE M. DAVIS, OFFICIAL COURT REPORTE ,
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WAc8)-S03l6-99
Case 6:23-cr-00221-ADA Document 49 Filed 05/21/24 Page 7 of 10
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they put out and the adverse childhood experience
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scales and all those types of deals that we have to
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deal with on a daily basis.
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to do was to convince the Court to,
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acceptance.
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something that approaches acceptance is either to ask
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you to go downward or to ask you to go low end because
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by my estimation,
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acceptance, but for his unfortunate drug choices,
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would have been between 41 and 51 months on the
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sentencing guideline.
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looking at 57 to 71 months.
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Court into 51 months,
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damn good job.
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that allows the government to have punishment,
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defense to have mercy and the Court to have justice.
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That's all.
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MR. BLANTON:
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out on release,
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understand that.
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Christian Farms Treehouse, which the Court probably
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realizes,
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THE COURT:
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MR. BLANTON:
At the end of the day, what I was hoping
in effect,
give him
And the way that I argue down towards
had he been fortunate enough to get
he
Here with what we've got we're
If I can somehow talk the
I feel like I've done a pretty
And I feel like we get to a just result
Your Honor,
tests positive,
the
when somebody's
that happens.
I
Then they get a second chance,
with your experience, does a really good job.
Exceptional.
And I've seen a lot of
KRISTIE M. DAVIS, OFFICIAL COURT REPORT£ ,
U.S.
DISTRICT COURT,
WESTERN DISTRICT OF TEXAS
6
(WAtal)-S03 ? •1 QQ
Case 6:23-cr-00221-ADA Document 49
Filed 05/21/24 Page 8 of 10
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success stories, but Mr. Williams,
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you were talking about putting that young man on time
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served with a three year supervised release and his
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actions will affect others,
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also affect others when Judge Manske's deciding whether
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to release people on bond in future cases and things
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like that,
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in whether to give any downward departure for
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acceptance or not.
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know,
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does hurt the system when somebody gets the advantage
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of the bond and the second chance treatment and doesn't
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make the best use of it.
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sentence.
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means, probation I think made the right decision in
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refusing acceptance because of those actions, but the
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Court can consider -- consider that in assessing its
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appropriate sentence where it wants,
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responding to,
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other -- the converse side of it is when somebody gets
11:47
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the advantage and misuses it,
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similar situation and whether that
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get the benefit of Christian Farms Treehouse.
11:47
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kind of like when
well, Mr. Williams'
actions
and I think the Court has to consider that
While I do appreciate Mr. Williams,
pleading guilty and all of those things,
THE COURT:
KRISTIE M.
U.S.
that
So I'm asking for a guideline
I think 57 months is appropriate.
you know,
By all
but just
is it fair or not,
the
it does hurt others in a
they're going to
I agree.
DAVIS, OFFICIAL COURT REPORTE'fl.,
DISTRICT COURT,
you
WESTERN DISTRICT OF TEXAS
(WAC -S0
376 -1 0 1
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term of supervised release of three years; no
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probation; a fine of $100; no restitution;
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special assessment of $100.
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going to impose special conditions Paragraphs 70A,
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and 70C.
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Thank you,
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(Hearing adjourned.)
I'm going to give a term of 57 months;
a one time
With regard to special conditions,
I'm
70B,
sir.
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K R I S T I E M. DAVIS, OFFICIAL COURT REPORTE
376 1O2
4U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
Case 6:23-cr-00221-ADA Document 49 Filed 05/21/24 Page 10 of 10
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UNITED STATES DISTRICT COURT
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WESTERN DISTRICT OF TEXAS
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I, Kristie M. Davis,
Official Court
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Reporter for the United States District Court, Western
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District of Texas,
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correct transcript from the record of proceedings in
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the above-entitled matter.
do certify that the foregoing is a
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I certify that the transcript fees and
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format comply with those prescribed by the Court and
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Judicial Conference of the United States.
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Certified to by me this 21st day of May
2024.
Isl Kristie M. Davis
KRISTIE M. DAVIS
Official Court Reporter
PO Box 20994
Waco, Texas 76702
(254) 666-0904
kmdaviscsr@yahoo.com
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K R I S T I E M. DAVIS, OFFICIAL COURT REPORTE 4_50376_103
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
Case 6:23-cr-00221-ADA Document 12 Filed 10/10/23 Page 1
o ILED
October 10, 2023
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
WACO DIVISION
CLERK, U.S. DISTRICT COURT
WESTERN DISTRICT OF TEXAS
ID
By·
Deputy
6:23-cr-00221 (1)
UNITED STATES OF AMERICA
Plaintiff
INDICTMENT
V
( 1) JUSTIN LANG WILLIAMS
[COUNT ONE: 18 U.S.C. 922(g)(l) &
924(a)(8) -- Possession of Firearm by a
Convicted Felon]
Defendant
THE GRAND JURY CHARGES:
On or about September 19, 2023, in the Western District of Texas, Defendant,
JUSTIN LANG WILLIAMS,
being a person who knew he had previously been convicted of the following crime punishable by
imprisonment for a term exceeding one year, to-wit:
On February 12, 2014, JUSTIN LANG WILLIAMS was convicted of Trafjkking
Controlled Substance in the Ninth Judicial District Court of Curry County, New
Mexico, in Cause Number D-0905-CR-0201300171;
did knowingly possess at least one of the following firearms, to-wit:
A Glock 43, 9mm firearm, bearing serial number BHYG720;
A Ruger LCP firearm, bearing serial number 375-66914;
said firearm having moved in commerce and affecting commerce, in violation of Title 18, United
States Code, Sections 922(g)(I) and 924(a)(8).
By:
Assistant United States Attorney
24-50376.23
APPENDIX D
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.