Petition for Writ of Certiorari — Justin Lang Williams, Petitioner v. United States

Supreme Court briefMar 6, 2025

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Text

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

Case 6:23-cr-00221-ADA Document 49 Filed 05/21/24 Page 6 of 10

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11:42

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now,

11:42

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when he is on drugs than after he's had time to clean

11:42

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up.

11:42

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addict.

11:42

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treatment.

When he is on drugs,

11:42

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He just is.

He doesn't mean to be.

11:43

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be difficult.

11:43

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when he's on drugs.

11:43

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is cleaned up and we are 90 days past,

11:43

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rationally.

11:43

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what he says, please don't take that as him knocking

11:43

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the system so much as he's ignorant of the system.

11:43

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11:43

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mean,

11:43

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from drug dealers at higher levels to users get

11:43

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sentenced today.

11:43

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using at a young age.

11:43

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mother got him addicted to drugs.

11:44

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more without blame than a child who is introduced to

11:44

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drugs to forever change your life trajectory such that

11:44

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that may even be acceptable than to have a mother

11:44

22

introduce a child to drugs.

11:44

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here today,

11:44

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PSR.

11:44

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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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11:44

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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

11:44

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deal with on a daily basis.

11:44

4

11:44

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to do was to convince the Court to,

11:44

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acceptance.

11:44

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something that approaches acceptance is either to ask

11:45

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you to go downward or to ask you to go low end because

11:45

9

by my estimation,

11:45

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acceptance, but for his unfortunate drug choices,

11:45

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would have been between 41 and 51 months on the

11:45

12

sentencing guideline.

11:45

13

looking at 57 to 71 months.

11:45

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Court into 51 months,

11:45

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damn good job.

11:45

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that allows the government to have punishment,

11:45

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defense to have mercy and the Court to have justice.

11:46

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That's all.

11:46

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MR. BLANTON:

11:46

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out on release,

11:46

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understand that.

11:46

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Christian Farms Treehouse, which the Court probably

11:46

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realizes,

ll:46

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THE COURT:

11:46

25

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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11:46

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success stories, but Mr. Williams,

11:46

2

you were talking about putting that young man on time

11:46

3

served with a three year supervised release and his

11:46

4

actions will affect others,

11:46

5

also affect others when Judge Manske's deciding whether

11:46

6

to release people on bond in future cases and things

11:46

7

like that,

11:46

8

in whether to give any downward departure for

11:47

9

acceptance or not.

11:47

10

11:47

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know,

11:47

12

does hurt the system when somebody gets the advantage

11:47

13

of the bond and the second chance treatment and doesn't

11:47

14

make the best use of it.

11:47

15

sentence.

11:47

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means, probation I think made the right decision in

11:47

17

refusing acceptance because of those actions, but the

11:47

18

Court can consider -- consider that in assessing its

11:47

19

appropriate sentence where it wants,

11:47

20

responding to,

11:47

21

other -- the converse side of it is when somebody gets

11:47

22

the advantage and misuses it,

11:47

23

similar situation and whether that

11:47

24

get the benefit of Christian Farms Treehouse.

11:47

25

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

Case 6:23-cr-00221-ADA Document 49 Filed 05/21/24 Page 9 of 10

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11:47

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term of supervised release of three years; no

11:48

3

probation; a fine of $100; no restitution;

11:48

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special assessment of $100.

11:48

5

11:48

6

going to impose special conditions Paragraphs 70A,

ll:48

7

and 70C.

11:48

8

Thank you,

11:48

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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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-S0

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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1

UNITED STATES DISTRICT COURT

2

WESTERN DISTRICT OF TEXAS

3

4

5

I, Kristie M. Davis,

Official Court

6

Reporter for the United States District Court, Western

7

District of Texas,

8

correct transcript from the record of proceedings in

9

the above-entitled matter.

do certify that the foregoing is a

10

I certify that the transcript fees and

11

format comply with those prescribed by the Court and

12

Judicial Conference of the United States.

13

14

15

16

17

18

19

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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21

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25

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.

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