ML092820467

Transcript of Sentencing Hearing Before the Honorable David A. Katz, United States District Judge

ML092820467
Person / Time
Site:	Davis Besse
Issue date:	05/01/2008
From:	US Federal Judiciary, District Court for the Northern District of Ohio
To:	NRC/SECY
SECY RAS
References
3:06CR712, RAS C-227
Download: ML092820467 (40)

Text

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2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION 3

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10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 UNITED STATES OF AMERICA, Plaintiffs, V.

DAVID GEISEN, Defendants.

Docket No.

3:06CR712 Toledo, Ohio May i, 2008 SENTENCING TRANSCRIPT OF SENTENCING HEARING BEFORE THE HONORABLE DAVID A.

KATZ UNITED STATES DISTRICT JUDGE APPEARANCES:

For the Defendant:

Richard A.

Hibey Andrew T.

Wise Miller & Chevalier Suite 900 655 Fifteenth Street, NW Washington, DC 20005 (202) 626-5818 For the Plaintiff:

Christian H.

Stickan Office of the U.S. Attorney-Cleveland Northern District of Ohio Suite 400 801 Superior Avenue, W

Cleveland, Ohio 44113 (216) 622-3818 and Richard A. Poole U.S. Department of Justice Criminal Division 3rd Floor 1400 New York Avenue, NW Washington, DC 20005 (202) 514-0838 L A-03 _ýS6_3

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and 2

Thomas T. Ballantine U.S.

Department of Justice 3

Environmental Crimes Section P.O.

Box 23984 4

Washington, DC 20026 (202) 514-2956 5

6 Court Reporter:

Angela D.

Nixon, RPR, CRR 1716 Spielbusch Avenue 7

Toledo, Ohio 43624 (419) 260-5259 8

9 Proceedings recorded by mechanical stenography, transcript 10 produced by notereading.

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COURTOOM DEPUTY:

3:06CR712 David Geisen, 2

sentencing.

3 THE COURT:

Bear with me but a moment.

4 This is the sentencing hearing in United States 5

versus David Geisen, our case number 06CR712-0l.1

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Are. al.l counsel and the defendant ready to 7

proceed?

8 MR.

HIBEY:

We are.

9 MR.

POOLE:

Yes, Your Honor:

10 THE COURT:

Have all counsel and Mr. Geisen 11 reviewed the presentence report, including all revisions 12 thereto and have you, Mr. Geisen, discussed it with 13 counsel?

14 THE DEFENDANT:

Yes, Your Honor, I have.

15 THE COURT:

Thank you.

I presume then that all 16 counsel have reviewed it and I have your sentencing 17 memoranda and the objections contained at the final pages 18 of the report, am I correct?

1.9 MR.

POOLE:

Yes, Your Honor.

20 THE COURT:

Then I will order the presentence 21 report finalized, to be placed in the record under seal.

22 If. an appeal is taken in this case,-counsel on appeal shall 23 be permitted access to the sealed report except as to the 24 recommendation section, which is to remain sealed.

25 It is my understanding that there are a

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multiplicity of issues which are at --

still at issue, and 2

they are addressed in both the final presentence report 3

commencing at page 23 and in the presentence memoranda, 4

which has been filed by both the government and the 5

defendant.

I, am presuming'that the first-issue *raised is 6

the issue raised by the government for enhancement pursuant 7

to guideline section 5.1.14. or is it 5.2.1?

8 MR.

POOLE:

5(K).

9 THE COURT:

I'm sorry, 5(K)2.14.

I'll get it 10 correct.

Would the government like to be heard or are you 11 resting to your memoranda which I have I want to, before 12 answering, I want to assure you that I have read the 13 presentence report.

I have met by telephone and in person 14 with its writer.

And I have read both memoranda by the 15 government and defense counsel a multiplicity of times.

16 But I welcome anything you might wish to add, which is not 17 contained in your memoranda.

18 MR.

POOLE:

I'll be brief, Your Honor.

We submit 19 that this is an unusual case, in that the consequences of a 20 rupture in the nuclear reactor at Davis-Besse are a 21 consequence of the sort that it's reasonable to suppose 22 that the guidelines authors did not take into account in 23 devising the guidelines.

There have been numerous studies 24 that said that the risk imposed was one of the more 25 significant --

made it of the more significance incidents

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in the history of nuclear power in this country, and we 2

think an upward departure from the guidelines range is 3

merited by that.

4 THE COURT:

Anything in addition to that which 5

was already submitted in your memorandum?

And Judge, just 6

one quick observation, and that is that the government's 7

argument both in its memo which was filed after we filed 8

ours and today, I think, suggest that The Court is 9

confronting a different situation than what the facts show 10 The Court was confronting.

11 This case, as it pertained to Mr. Geisen, was not 12 about immediate public safety threat, and the fact that had 13 the condition gone on further and had a rupture occurred 14 and had the safety system at First Energy failed with --

15 and there's no suggestion that they would have, The Court 16 is simply not dealing with that issue here.

And I think it 17 would be improper 5(K)2.14 deals with threats to the public 18 safety.

And aside from the issues that were in play here, 19 the seriousness of them, what we submitted along with our 20 memo I think makes it abundantly clear that their public, 21 the citizens of Ohio, were not at risk.

22 Thanks to both of you.

As I said at the 23 conclusion of the trial in this case, I have been rewarded 24 by the professionalism of all counsel.

Our system of 25 justice has been so rewarded, and that carried throughout

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to the presentence memoranda filed in this case.

2 Guideline section 5(K) 2.14 public welfare states 3

if national security public health or safety was 4

significantly in danger, The Court may depart upward to 5

reflect the nature and circumstances of the offense,.

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unquote.

I've looked at this.matter very carefully.

The 7

government has requested this court to exercise its 8

discretion pursuant to that guideline section and enhance 9

Mr. Geisen's guideline level by 2 to a level 12.

I choose 10 not to exercise my discretion as afforded me in this 11 guideline section and will not enhance for several reasons.

12 It is my recollection that there was no evidence produced 13 at trial which demonstrated that the -- that the safety 14 systems in place at Davis-Besse would have been 15 insufficient to stay off the dire consequence which the 16 government contends would have resulted from the incident 17 at issue had the NRC and the operator not intervened.

As 18 noted by the defendant at page seven of his memorandum, and 19 by the attached letter from the then director, then 20 chairman, I'm sorry, of the NRC-Nills J.

Diaz (phonetic),

21 that was in an October 5, 2004 letter collected to the J

22 Cleveland Plain Dealer.

He stated, and I quote, the hole 23 in the head of the leak was an enormous failure on the part 24 of the licensee and of the NRC.

I want to say that loud 25 and clear.

I want to say equally loudly and clearly that

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it was not close to being the impending disaster publicly 2

portrayed.

It may be asked, aren't those two statements 3

inconsistent.

They are not.

In this case our preliminary 4

analysis indicates that the stainless steel liner of the S5 vessel head, thin as it was, was more than adequate to 6

contain the pressure generated within at --

and it would 7

have done so for quite a while.

I am convinced that if the 8

liner had been breached, the layers of safety would have 9

protected the people of Ohio and that is the bottom line.

10 Further, the language used by The Sixth Circuit 11 in the Pluta case relied on by the government in urging the 12 application of this set -- this guideline section, does not 13 mandate the same result here as in that case.

In Pluta, 14 the two level enhancement was, in part, justified by The 15 Court because. the defendants, pardon me, criminal history 16 did not adequately reflect the seriousness of the 17 defendant's past criminal behavior.

Hero here there is 18 no past criminal behavior in the record of any 19 significance.

In granting a two-level departure, and I'm 20 quoting from page 977 of the official report, the district 21 court noted that four features of this case set it apart 22 from the guidelines, and the fourth was the third and 23 fourth, Pluta's lengthy and violent criminal history 24 demonstrated by his 25 criminal history points warranting 25 an upward departure pursuant to the then guideline and

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Pluta's repeated violations of bond, probation and parole 2

provisions.

In the case before me, I do not believe that 3

this guideline is appropriate for application here.

4 The government also argues'that without a period

.5 of incarceration there would not be adequate deterrence to 6

the criminal conduct here at issue and relies on section 7

A-2(B) of 3553(A) of Title 18.

I will comment on that 8

later.

But suffice to say that the recidivism that is 9

experienced because of past history should not be at issue 10 here because of this defendant's expulsion, if you will, 11 from the nuclear industry.

12 Moving to Mr. Geisen's objection, the first 13 objection is at paragraph 51, page 23 of the presentence 14 report.

The -- there is an objection to the description in 15 paragraph 51 in the offense conduct section of the report, 16 and because of what I will discuss with respect to 17 objection number two I do not believe that that objection 18 is relevant and will move to the second objection.

19 That second objection is related to the report 20 and its recommendation for a two-level upward enhancement, 21 pursuant to section 3(B)1.IC.

That section provides that 22 under the heading aggravating role, based on the 23 defendant's role in the offense increased the offense 24 levels as follows, (C) Quote, if the defendant was an 25 organizer, leader, manager or supervisor in any criminal

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activity other than described in A or B increase by two 2

levels, unquote.

Note that it says organizer, leader, 3

manager or supervisor in any criminal activity, not whether 4

he was a supervisor or manager in the facility, but whether 5

he was a manager, a director, if you.will, in the criminal 6

activity.

And I note also the application notes and in 7

particular application note four, quote, factors The Court 8

should consider include the exercise of decision making 9

authority, the nature of participation in the commission of 10 the offense, the recruitment of accomplices, the claimed 11 right to a larger share of the fruits of the crime, the 12 degree of participation in planning or organizing the 13 offense, the nature and scope of the illegal activity, and 14 the degree of control and authority over -- exercised over 15 others.

It doesn't seem to fit, gentlemen.

And I disagree 16 with its application.

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One, the recruitment of accomplices.

Nothing was 18 shown about recruitment of accomplices.

There was no 19 evidence whatsoever of any monetary fruits or other fruits 20 of the crime, including an enhancement in his position with 21 the company.

There was nothing shown about recruiting 22 others.

There was --

there was --

and it was made clear by 23 the government that this was not a conspiracy charge.

24 If you move then to the background paragraph 25 which follows the application notice; however, it is also

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likely that persons who exercise the supervisory or 2

managerial role in the commission of the offense, not in 3

the position in the industry, tend to profit more from it 4

and present a greater danger to the public and/or are more 5

likely to recidivate.

I've already addressed that.

The 6

defendant in this case -- well, first, there was no showing 7

or even allegation throughout trial of joint action or a 8

conspiracy which --. as to which the defendant would be 9

classified as a leader or organizer.

On the contrary, this 10 defendant was shown to have made statements and signed 11 letters alone or approved letters.

No conclusion, no 12 agreement, no direction to others to do or say something 13 misleading or incorrect to the NRC.

No planning or share 14 or larger share of the fruits of the crime.

Therefore, it 15 is my conclusion that section 3(B)l.lC should not apply, 16 and I will uphold the objection of the defendant 17 accordingly.

18 Moving to the third objection by the defendant as 19 the 3(B)1.3 abuse of a position of trust.

That is 20 discussed by the probation officer writer of this on page 21

24.

Quote, the defendant used his position and his 22 professional expertise to make false statements to FENOC 23 Company, Nuclear Review Board and the NRC.

He was an 24 engineering manager and was entrusted by FENOC and the NRC 25 to be truthful when representing serious potential public

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safety issues involving his area of knowledge and 2

authority.

I think it fits.

And I will deny or overrule 3

the objection of the defendant with respect to application 4

of guideline section 3(B)1.3.

5 The fourth objection by the defendant was as to 6

paragraph 89 of the PSR.

That section was taken from court 7

documents and is merely a factual summary of the report 8

taken from those documents.

It does not count as a 9

conviction for purposes of calculating the defendant's 10 criminal history, and I know of no reason to strike it from 11 the report, and therefore, I will overrule the defendant's 12 fourth objection.

13 I have received, I believe the count is

.17 14 letters from the following individuals who I, in most part, 15 do not need to name.

I received an excellent letter from 16 Mr. Geisen's wife explaining the family health issues which 17 have plagued them over the last years and the importance he 18 has played and continues to play in addressing those 19 issues.

I have received letters from each of his three 20 children, Ashley, Nicholas and Meg, from his father, from 21 his former supervisor at Davis-Besse, from seven of his 22 close friends, from sister and two brothers, from his son's 23 doctor.

These letters are all in support and paint the 24 same kind of picture of his relatively unblemished past, as 25 painted by the PSR and in person to me by Mr. Butler.

I

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have read them all, and they confirm the assessment as set 2

forth in the PSR as to his character aside from his present 3

predicament as a result of the charges and jury verdicts in 4

this case.

5 I'll now hear from counsel for the defendant and 6

then the defendant with respect to sentencing unless there 7

is any other matter which I have neglected to this point.

8 MR.

HIBEY:

I'll be prepared to speak if you'll 9

indulge me one moment.

10 THE COURT:

Of course.

11 MR.

POOLE:

I imagine The Court will reach this 12 later, but there was a recommendation for an occupational 13 restriction.

14 THE COURT:

I will reach it.

That is correct.

15 MR.

HIBEY:

Your Honor, in light of The Court's 16 rulings just made, I think we can abbreviate the statements 17 that we're prepared to make in this case.

Same to verify 18 our own iexperience in representing Mr. Geisen, a 19 representation which, quite frankly, it was an honor to 20 conduct.

He is the man you have come to understand through 21 your own experience of reading the presentence 22 investigation report and the testimonies, if you will, of 23 people who have written to The Court on his behalf.

24 I think about the only other thing I would want 25 to point out is that none of this needed to occur if he had

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accepted an invitation at the beginning to sign a deferred 2

prosecution agreement, an agreement that simply required 3

him to admit that he had lied to the NRC in consideration 4

of which there would have been no criminal prosecution and 5

no urging upon The Court at this late juncture that he 6

should be --

he should have his liberty restricted by as 7

much as a year in prison.

8 I simply want to say that this is a man of 9

integrity.

We don't stand here to seek to impeach the 10 verdict.

We understand that that has played its course.

11 What I want to stress for The Court is that which I think 12 you already know.

Dave Geisen is a good man, he's a good 13 family man, he is an excellent nuclear engineer.

He served 14 with --

with distinction even after the Davis-Besse 15 incident for a period of three years --

almost I think 16 three years.

I may have my timing wrong, three years after 17 the Davis-Besse incident and before the deferred 18 prosecution agreement arrangement was declined and the 19 prosecution of this case followed.

I'm here to -- simply 20 to ask you when taking into consideration all of these 21 things and realizing that at a level eight you have 22 discretion to do a number of things that affect his 23 liberty, I'm asking you to impose a sentence of probation 24 for this man.

The experience is on the record.

Government 25 can claim that it has vindicated its interests.

We are now

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talking about an individual who simply does not deserve any 2

additional punishment or stress or loss of welfare or any 3

further infliction upon the family unit and what has been 4

experienced in recent years as a result of this case.

And 5

so this is an appeal to the leniency that the law 6

recognizes, The Court has and to exercise that leniency by 7

imposing a probationary sentence on Mr. Geisen.

I think 8

Mr. Geisen has something to say.

9 THE COURT:

Thank you, Mr. Hibey.

Mr. Geisen?

10 THE DEFENDANT:

Yes, Your Honor.

What I have to 11 say is not going to be an epiphany of any sort.

I maintain 12 my innocence and I always have.

Almost two-and-a-half 13 years ago I had the opportunity to make all this go away, 14 and so with that in mind I'd like to apologize to my family 15 and friends for having to put them through this.

However, 16 at that time and I still feel to this day that had I signed 17 that deferred prosecution agreement, the person that I 18 would have had to deal with day in and day out would be 19 looking my own self in the mirror knowing that I had taken 20 the easy way out, and certainly the alternate path would 21 have been anything but easy.

I do regret everything that 22 had happened at Davis-Besse.

I do take responsibility that 23 I should have done a better job as in my role there, or I 24 do maintain that at no point did I mislead the government.

25 And I also go on record of saying that I appreciate the

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efforts that the jurors went through during this time frame 2

because I could see the look in their eyes, I could see the 3

difficulty at which they were trying to weigh the evidence, 4

and I don't envy ever being put into their position.

5 That's all I have to say, sir.

6 THE COURT:

Thank you.

7 MR.

POOLE:

Your Honor, we're --

were the 8

government to make its recommendations purely on the basis 9

of Mr. Geisen's character as it's been expressed over the 10 years and as relationships with others setting aside the 11 events of this case, our recommendation might be different.

12 But the United States and this court also must consider 13 these things.

• The nuclear industry is heavily regulated 14 because nuclear power is potentially very dangerous.

The 15 safety -- well, the regulatory system depends on licensees 16 and its employees providing complete and accurate and 17 truthful information.

And without that integrity, it 18 cannot protect the safety of the public.

So the United 19 States and this court we believe must address the question 20 of deterrence.

We're at a cross roads in this country 21 where we're on the verge of licensing a wave of new nuclear 22 power plants, an expansion of nuclear power in this 23 country.

And we submit that deterring conduct of the sort 24 that Defendant Geisen has been convicted of is an important 25 public policy goal.

And we believe The Court should take

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that into consideration also in its sentence.

2 THE COURT:

Thank you very much.

With respect to 3

the sentencing of Mr. Geisen, it appears to me that the 4

probation office and officer have analyzed it almost 5

completely in consonant with my own feelings.

I want to 6

formally confirm that all objections by the parties are 7

overruled' except for that with relation to 3(B)l.lC, which 8

is granted, and for all of the reasons I previously stated 9

on the record.

10 Therefore, I will sentence Mr. Geisen at a level 11 eight with a criminal history category one.

That results 12 in a period of incarceration of zero to six months and is 13 in zone A wherein subject to the exercise of the discretion 14 of The Court, probation is available.

I want to 15 acknowledge that this was a long and contentious trial in 16 which one of the co-defendants was exonerated completely by 17 the jury, and in which the jury obviously had a difficult 18 time with both defendants and convicted Mr. Geisen on three 19 of the five counts charged in the indictment.

I do not in 20 any way depreciate the tremendous service of that jury nor 21 its verdicts.

22 As I've previously noted in a memorandum opinion, 23 the issue of a new trial motion with respect to Rule 33 and 24

-setting aside the verdict with respect to Rule 29 was well 25 briefed, well argued and a difficult and close issue for

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The Court.

And I have made my ruling.

2 In reviewing this matter for sentencing under 18 3

United States Code, Section 3553-A, I must note several 4

things, some of which have already been noted on the record 5

through memoranda, others have been alluded to by Mr. Hibey 6

this afternoon.

As noted at Page 26 paragraph at my report 7

from the probation officer, Mr. Geisen is a college 8

educated engineer with a masters degree in business.

9 Distinguished military service in the Navy, married for 25 10 years, three children, all adults.

He was employed as an 11 engineer, as an engineering manager in Ohio and Wisconsin 12 and the NRC removed his license as a result of the instant 13 offenses.

He currently operates his own'business and his 14 wife is employed.

There are no substance abuse or mental 15 health issues in his background.

The loss of his license 16 is *the greatest punishment other than a felony record.

It 17 is both an economic and a career blow and removes him from 18 the opportunity for recidivism in the nuclear industry for 19 the period he is prohibited from engaging in work in that 20 industry.

The jury's verdict as to three offenses, it is 21 true that those verdicts were of serious charges 22 considering the health and safety of the public in any 23 community with a nuclear power plant.

It appears clear 24 that Davis-Besse should have been shut down for repairs and 25 was allowed to operate perhaps in an unsafe way, but we

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must remember the then chairman's letter to the Cleveland 2

Plain Dealer.

And that operation was continued due in some 3

significant measure to the false statements attributed by 4

the jury to this defendant.

There may have been, if one 5

speculates, and I am not, but but the press and others 6

have, others involved in this issue; however, it is the 7

defendant who is found guilty-for his own involvement.

And 8

that drives the need for sentence.

I have said this before 9

and it bares repeating because of the government's 10 statement both orally and in writing, the removal of 11 Mr. Geisen from the industry is a death net to his career, 12 perhaps not only in the nuclear industry but elsewhere.

It 13 is in that industry where he has labored most of his adult 14 life and which, as noted previously and in the report, he 15 had an exemplary record until the incident which is the 16 subject matter of this case.

It is a serious financial 17 blow to both the defendant and to his family.

The need for 18 the sentence to reflect that seriousness and to attempt to 19 prevent recidivism has been considered by me at length and 20 will be reflected in the sentence which I announce.

21 I have reviewed all of the elements of 3553-A and 22 the result weighs heavily in favor of the sentence I will 23 pronounce, which sentence is consistent with that 24 recommended by the probation officer and the probation 25 department of this court.

I will now pronounce that

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sentence after which both the defendant and the government 2

will have an opportunity to comment and object.

3 Pursuant to the Sentencing Reform Act of 1984 as 4

amended, it is my judgment that the defendant, David 5

Geisen, be and hereby is placed on a term of probation for 6

three years on each of the three counts to be served 7

concurrently.

The defendant shall report to the United 8

States probation office in the Eastern District of 9

Wisconsin within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> on or before the end of the day 10 on Monday next.

11 Additionally, he shall pay a fine in full in the 12 amount of $5,000 for each count for a total of- $15,000 13 through the clerk of the United States District Court.

14 Assuming he may be unable at this time to pay that 15 immediately, the balance shall be paid at the minimum rate, 16 of 10 percent of the defendant's gross monthly income.

17 Notwithstanding establishment of a payment schedule, 18 nothing shall prohibit the United States from executing or 19 levying upon the property of the defendant discovered 20 before or after the date of this judgment.

21 He shall also pay to the United States a special 22 assessment of $100 per count or a total of $300, which is 23 due and payable immediately.

While under supervision the 24 defendant shall not commit another federal, state or local 25 crime, shall not illegally possess a controlled substance,

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shall comply with the standard conditions which have been 2

adopted by this court and with each of the following 3

additional conditions.

He shall be barred from being 4

employed in the nuclear power industry during his period of 5

probation.

The --

while the periodic pardon me, the 6

periodic drug testing mandated by the Violent Crime-Control 7

and Law Enforcement Act. of 1994 is hereby suspended because 8

I find that this offense is not drug related, and this 9

defendant has no current or past history of substance 10 abuse.

The defendant shall participate in the home 11 confinement program of electronic monitoring for a period 12 of four months to commence no later than 30 calendar day --

13 days from sentencing.

He shall be required to remain in 14 his residence unless given permission in advance by his 15 probation officer to be elsewhere.

He may, of course, 16 leave his residence for work, to receive medical treatment 17 and to attend religious services.

18 He shall wear an electronic monitoring device, 19 follow electronic monitoring procedures and submit to 20 random drug or alcohol tests as specified by his probation 21 officer.

He may participate in the earned leave program 22 under terms set by his probation officer.

He is permitted 23 to be elsewhere than I have indicated previously in this 24 sentencing order if approved by his probation officer.

He 25 is to pay the cost of home confinement with electronic

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monitoring, and that payment is to be made as directed by 2

his supervising home confinement officer.

He shall not 3

possess a firearm, destructive device or any dangerous 4

weapon.

He shall provide his probation officer with access 5

to any requested financial information.

Mr. Geisen shall 6

not incur new credit charges.or open additional lines Of 7*

credit without the prior approval of his probation officer.

8 Mr. Geisen shall perform over the period of his term of 9

probation 200 hours0.00231 days <br />0.0556 hours <br />3.306878e-4 weeks <br />7.61e-5 months <br /> of community service as directed by his 10 probation officer.

Should he receive financial windfall, 11 he shall apply all monies received there from, including 12 from tax refunds, lottery winnings, judgments and/or any 13 other anticipated or unexpected financial gains to the 14 outstanding court ordered financial obligations created by 15 this order.

16 And finally, Mr. Geisen shall cooperate with his 17 probation officer in the collection of DNA as directed by 18 that officer.

Any objections to the form of the sentence 19 or to the sentence?

20 MR.

POOLE:

Not from the government, Your Honor.

21 MR.

HIBEY:

Well, I think before it's officially 22 imposed, will The Court entertain any argument with respect 23 to any of the elements, any of the constituent parts of 24 this sentence?

25 THE COURT:

That's why I asked the question.

22 1

MR.

HIBEY:

Well, in that respect then I'd like 2

to ask The Court's indulgence for a moment and then address 3

you.

4 (A brief discussion was had off the record 5

among defense counsel and defendant.)

6 MR.

HIBEY:

If I may, Your Honor.

Your Honor,,we 7

would ask you to take into consideration the following, The 8

Court has articulated the imposition of a fine-, some 9

$15,000, which I would hope you appreciate is a

10 considerable financial burden on an already burdened --

11 economically burdened family and business.

That --

I can 12 speak to that alone but then I want to speak about its 13 relationship to the home confinement element of the --

of 14 the sentence, which The Court also pronounced.

15 As you know from the presentence report, 16 Mr. Geisen enjoyed a certain economic benefit when he was 17 employed in the nuclear industry.

That was at a time when 18 the children were younger than they are now.

The two of 19 the three children are, in fact, in college.

They are in 20 the midst of the entire four year undergraduate program at 21 their respective institutions, and these are obligations 22 which Mr. Geisen now continues to shoulder even as he 23 embarks on trying to build a business that would sustain 24 him and his family.

That business is repairing gaskets in 25 restaurants.

He repairs gaskets in pizza ovens.

Now, that

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work, which is how he makes his living these days, requires 2

him to travel, by his estimate and I think it's a good one, 3

4 to 5,000 miles a month.

He travels over a period of a 4

number of states throughout Wisconsin for sure and I think 5

that the -- that the bail agency or whatever, the 6

overseeing authority is

-- would confirm that as a matter 7

of fact when the terms of his bond, I'm really calling back 8

the things now that I have a minute to review in the terms 9

of his bond were set before the magistrate some years ago, 10 I think we took into accounts the fact that he had a wide 11 area within which he was required to travel.

Indeed, I'm 12 told 13 THE COURT:

Excuse me, let me interrupt you.

14 MR.

HIBEY:

Please.

15 THE COURT:

That's why the exception for leaving 16 for work I anticipated that that would include his need to 17 travel.

All he need do is the same thing that he would do 18 otherwise and advise his probation officer if he's going to 19 be gone for periods of time.

That does not restrict his 20 travel.

21 MR.

HIBEY:

Well, the way I heard the sentence, 22 it read, I guess it might read differently when it's 23 written, that it was imposing on him the restriction of

24.

home confinement and that it was an exception to the home 25 confinement condition that he would have to obtain

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permission under the probation office.

2 THE COURT:

No, it says except for work.

3 MR.

HIBEY:

So that exception need not be aired 4

with the probation if he has to go to --

if he has to go to 5

western Wisconsin, for example.

When he travels to western 6

Wisconsin, because that apparently, I don't know the 7

geography of Wisconsin, puts him overnight.

Would that --

8 what would that mean in light of this sentence?

9 THE COURT:

The sentence will be clarified when 10 written to include what you have just articulated, and I 11 will ask Mr. Butler to draft a sentence which will cover 12 that.

I don't believe it to be necessary, but out of an 13 abundance of caution will include.

14 MR.

HIBEY:

Then I'm back to the fine.

It's a

15 substantial amount of money, and I don't know that there is 16 any sophisticated way of presenting the point to you other 17 than to say this man is on his heels economically, is going 18 to be for quite some time.

Would The Court consider a 19 lesser fine than the one imposed?

I think the points that 20 have been made in The Court's expressing its rationale for 21 the sentence to be imposed do not lose any of their force 22 in the circumstance such as this.

23

Now, the --

if this man were at the same economic 24 level that he was before this whole thing was visited upon 25 him, that -- that may make for a far more difficult

25 1

argument than perhaps an -- indeed a more principled one on 2

my part which I wouldn't advance about the heftiness of 3

this fine.

But Your Honor, we have a different situation 4

here.

He's still got to educate his kids.

He still has to 5

repair his pizza oven gaskets.

He still has to make that 6

business work, and it is all done by the sweat of this man.

7 And to --

to, you know, to I mean, we're going to --

8 there's going to be a restriction of his liberty, we 9

understand that.

10 THE COURT:

Rick?

Oh, over here.

Fine.-

11 (A side bar conference was had off the 12 record.)

13 THE COURT:

The Court has been made aware of a 14 couple of things.

As a result of Mr. Hibey's relatively 15 persuasive, I said relatively persuasive argument with 16 respect to the financial condition of his client and the 17 government has indicated their understanding of that 18 situation, the fine has been assessed not as a confiscatory 19 effort on the part of The Court, but to make the point of 20 the jury's conviction.

21 After a consideration of the financial condition 22 and obligations, both the government and The Court have 23 agreed to reduce the fine in this case to $2,500 per count 24 for a total of $7,500, payable at a 5 percent level, and it 25 must be understood that if the fine is not paid in full

26 1

during the period of probation, the balance becomes the 2

obligation of the United States Attorney's Office to 3

collect.

4 Do you understand that, Mr. Geisen?

5 THE DEFENDANT:

Yes, I do.

6 THE COURT:

Am I correct in my assumption, 7

gentlemen?

8 MR.

POOLE:

Yes, Your Honor.

9 MR.

HIBEY:

Yes, Your Honor.

10 THE COURT:

Thank you.

Therefore, that will 11 amend The Court's sentence.

Is there anything else with 12 regard to the sentence as to which either the government or 13 the defendant find an objection is appropriate in their 14 opinion?

15 MR.

HIBEY:

We seek a clarification, Your Honor.

16 With respect to the condition of sentence relating to 17 Mr. Geisen's ban from the industry during the period of 18 probation.

There are a couple of factors here that I wish 19 to bring to The Court's attention on the record.

20 Mr. Geisen's occasion of his declination to accept the 21 deferred prosecution agreement was debarred by the NRC 22 without a hearing in January of '06, and was, therefore, 23 from that point forward, removed from the --

from the 24 industry.

The matter was contested by us, Mr.

-- before 25 the nuclear regulatory commission licensing board.

That

27 1

that matter after, I think, three or four attempts by the 2

commission staff and in collaboration with prosecutors, was 3

finally stayed by the order of the commission, overruling 4

the licensing board which wanted to go forward.

So we are 5

in that situation where he is barred as we speak and has 6

been barred for a number of years.

There may be occasion 7

for the licensing board to take this matter up again after 8

a stay has been lifted.

And my --

my concern is that the 9

condition imposed by The Court as one of the elements of 10 its sentence today might operate as a res judicata to 11 prevent the licensing board and those who live in the 12 nuclear regulatory world from taking a decision about the 13 suitability of Mr. Geisen to be permitted back into the 14 business, the industry, the subject area for-which he has 15 been trained and has spent virtually his entire adult life.

16 So Your Honor, is there a possibility that The Court would 17 consider some kind of clarification with respect to the ban 18 that you are talking about, for example, giving him credit 19 for the ban that has occurred so far, and rather than 20 imposing a --

a ban that runs for the term of his probation 21 allow that any further consideration about his eligibility 22 to ret-urn to that industry be left for a determination by 23 the professional court of a -- of a nuclear regulatory 24 commission's licensing board?

I appreciate what The Court 25 has done, and I'm grateful for its consideration with

28 1

respect to this business of the fine.

I don't mean to 2

depreciate anything associated with the rationale for this 3

sentence.

I am still dealing and must deal with the human 4

factors aspect of this.

I would like to think that this 5

man has a chance to do something more than repair gaskets 6

in pizza ovens for the rest of his working life.

He's a 7

young man, brilliantly educated, beautifully trained.

The 8

verdict says he made a he committed a crime.

I'm not 9

even going to talk about a mistake or anything like that.

10 He committed a crime.

And we're dealing with it as we have 11 been dealing with it.

12 But, you know, there has to be --

there has to 13 be -- there has to be a future here.

And you're at a 14 critical juncture in this man's life where you can 15 determine that.

And I would just ask you to lift that road 16 block to do something with that particular element of the 17 sentence that allows us not to return immediately because 18 we still have to deal with the NRC and we have to litigate 19 and we have to put up with whatever they say as their 20 evidence why it should be banned.

But at least let us do 21 it there rather than simply have it done here.

22 THE COURT:

Mr.

Poole?

23 MR.

POOLE:

Your Honor, we think you got it right 24 when you imposed the three-year ban on employment in the 25 industry.

The Court was careful to note that it felt that

29 1

the sentence it was imposing was sufficient for deterrences 2

and the other purposes under 3553(A) because this 3

individual is not. going to be working in the nuclear 4

industry because it cut him off from that likelihood.

For-5 that reason, we think that The Court's statement with 6

respect to the occupational restriction was correct and 7

should not be changed.

8 MR.

HIBEY:

Your Honor, you know, it's not as 9

though.we're flying blindly here.

There was a period of 10 time when First Energy terminated his relationship with 11 Mr. Geisen and he went to work at another power plant and 12 he was there for three years.

And his work there 13 terminated only because of the eventuation of these 14 proceedings.

15

Now, I have not heard, and no evidence has been 16 presented on this record that would suggest that the public 17 health and safety or the potential for re -- or that a 18 recidivist act occurred during those three years.

The man 19 performed his job according to the standards.

And no one 20 was at risk, and no one was harmed.

And the only reason 21 why that ended is because of this case.

22 THE COURT:

It appears to me, while I respect 23 your position and that of Mr. Geisen, and I know it has had 24 and will continue to have an adverse impact on his family 25 and that's what I took into consideration with respect to

30 1

the fine and so did the government.

I am not going to 2

change my order with respect to the three-year ban 3

coincidental with the three-year term of.probation.

4

However, I point out to you and to Mr.

Geisen and to the 5

government that that is not to say that if Mr. Geisen, for 6

instance, were to be reinstated by the NRC and had the 7

opportunity for reemployment that this court would not do 8

what it does in most cases, and that is the probation 9

officer, when he is requested or she is requested for a 10 change in the terms and conditions of probation must seek 11 the approval of The Court for that change.

The Court would 12 then, in a case like this, hold a hearing to consider that 13 probation officer's request.

Now, it may be the request of 14 the probation officer, or it may be a request of the 15 defendant probationer.

But in either event, it comes to 16 this court.

And at that time the decision will be made.

17 Not at this time except as noted subsequent to announcement 18 of the sentence originally, the sentence as originally 19 given but as amended shall be imposed immediately.

20 Mr.

Geisen, it's my obligation to. tell you that 21 you have the right to appeal your conviction if you believe 22 that there was some irregularity in your case or if you 23 believe there is other grounds for appeal.

You also have 24 the right to appeal your sentence under certain 25 circumstances, particularly if you feel that the sentence I

31 1

have announced is contrary to statute, or the guidelines.

2 Any such appeal must be filed within ten days after this 3

matter is placed of record through a judgment entry, which 4

will be on or before the close of business on Monday next.

5 That appeal is commenced by filing in the clerk's office on 6

the first floor of this courthouse a notice of appeal.

If 7

it is your desire to appeal, you are to inform your 8

attorneys.

They will remain your counsel at least through

-9 theten-day period for filing that notice of appeal and 10 will do so at your behest or direction.

If at the time of 11 appeal you cannot afford an attorney on appeal and can 12 qualify for appointment of counsel, that will be a matter 13 before the United States Court of Appeals for the 14 Sixth Circuit.

15 Thank you.

16 I'll order that a written record of my reasons 17 for and statement of sentence be provided tothe probation 18 office, both here and in Wisconsin.

19 Is there anything further from the government?

20 MR.

POOLE:

No, Your Honor.

21 THE COURT:

From the defendant?

22 MR.

HIBEY:

No, Your Honor.

23 THE COURT:

Thank you.

Thank you very much.

24 That concludes this hearing.

25

32 1

2 3

4 5

6 7

8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFI CATE I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter.

Angela D. Nixon, RPR, CRR Date

33 V

V 6

$100 [1] 19/22 622-3818 [1] 1/20

$15,000 [2] 19/12 22/9 626-5818 [1] 1/16

$2,500 [1] 25/23 655 [1 1/15

$300 [1] 19/22

$5,000 [1] 19/12 7

$7,500 f11 25/24 72 [11 19/9 1

8

'06 [1] 26/22 801 [1] 1/19 0

89 [11 11/6 01 [1] 3/5 9

06CR712-01 [1] 3/5 900 [1] 1/14 0838 rl] 1/25 977 [1 7/20

__..A 1.1C [3] 8/21 10/15 16/7 1.3 [2] 10/19 11/4 10 percent [1] 19/16 12 [1] 6/9 1400 [1] 1/24 17 [1] 11/13 1716 [1] 2/6 18 [2] 8/7 17/2 1984 [1] 19/3 1994 [11 20/7

-1 2

I 2.14 [3] 4/9 5/17 6/2 200 hours0.00231 days <br />0.0556 hours <br />3.306878e-4 weeks <br />7.61e-5 months <br /> [1] 21/9 20005 [2] 1/15 1/24 20026 [1] 2/4 2004 [1] 6/21 2008 [1] 1/5 202 [3] 1/16 1/25 2/4 216 [1] 1/20 23 [2] 4/3 8/13 23984 [1] 2/3 24 [1] 10/21 25 [2] 7/24 17/9 26 [1] 17/6 260-5259 [1] 2/7 29 [1] 16/24 2956 [11 2/4 A-2 [1] 8/7 abbreviate [1] 12/16 about [11] 5/12 9/18 9/21 12/24 14/1 22/12 25/2 27/12 27/18 27/21 28/9 above [1] 32/4 above-entitled [1] 32/4 abundance [1] 24(13 abundantly [1] 5/20 abuse [3] 10/19 17/14 20/10 accept [1] 26/20 accepted [1] 13/1 access [2] 3/23 21/4 accomplices [3] 9/10 9/17 9/18 according [1] 29/19 accordingly [1] 10/17 account [1] 4/22 accounts [1] 23/10 accurate [1] 15/16 acknowledge [1] 16/15 act [3] 19/3 20/7 29/18 action [1] 10/7 activity [4] 9/1 9/3 9/6 9/13 add [1] 4/16 addition [1] 5/4 additional [3] 14/2 20/3 21/6 Additionally [1] 19/11 address [2] 15/19 22/2 addressed [2] 4/2 10/5 addressing [1] 11/18 adequate [2] 7/5 8/5 adequately [1] 7/16 admit [1] 13/3 adopted [1] 20/2 adult [2] 18/13 27/15 adults [1] 17/10 advance [2] 20/14 25/2 adverse [1] 29/24 advise [1] 23/18 affect [1] 13/22 afford [1] 31/11 afforded [1] 6/10 after [9] 5/7 13/14 13/16 19/1 19/20 25/21 27/1 27/7 31/2 afternoon [1] 17/6 again [1] 27/7 agency [1] 23/5 aggravating [1] 8/22 ago [2] 14/13 23/9 agreed [1] 25/23 agreement [6] 10/12 13/2 13/2 13/18 14/17 26/21 aired [1] 24/3 alcohol [1] 20/20 all [17] 3/6.3/10 3/11 3/15 5/24 11/23 12/1 13/20 14/13 15/5 16/6 16/8 17/10 18/21 21/11 23/17 25/6 allegation [1] 10/7.

allow [1] 27/21 allowed [1] 17/25 allows [1] 28/17 alluded [1] 17/5 almost [3] 13/15 14/12 16/4 alone [2] 10/1122/12 along [1] 5/19 already [5] 5/5 10/5 13/12 1714 22/10 also [9] 8/4 9/6 9/25 14/25 15/12 16/1 19/21 22/14 30/23 alternate [1] 14/20 always [1] 14/12 am [7] 3/18 4/5 7/7 18/5 26/6 28/3 30/1 amend [1] 26/11 amended [2] 19/4 30/19 AMERICA [1] 1/3 among [1] 22/5 amount [2] 19/12 24/15 analysis [1] 7/4 analyzed [1] 16/4 and/or [2] 10/4 21/12 Andrew [1] 1/13 Angela [2] 2/6 32/8 announce [1] 18/20 announced [1] 31/1 announcement [1] 30/17 another [2] 19/24 29/11 answering [1] 4/12 anticipated [2] 21/13 23/16 any [21] 7/18 8/25 9/3 9/19 12/7 14/1 14/2 14/11 16/20 17/22 21/3 21/5 21/12 21/18 21/22 21/23 21/23 24/16 24/21 27/21 31/2 anything [7] 4/16 5/4 14/21 26/11 28/2 28/9 31/19 apart [1] 7/21 apologize [1] 14/14 apparently [1] 24/6 appeal [13] 3/22 3/22 14/5 30/21 30/23 30/24 31/2 31/5 31/6 31/7 31/9 31/11 31/11 Appeals [1] 31/13 APPEARANCES [1] 1/12 appears [3] 16/3 17/23 29/22 application [7] 7/12 8/3 9/6 9/7 9/16 9/25 11/3 apply [2] 10/15 21/11 appointment [1] 31/12 appreciate [3] 14/25 22/9 27/24 appropriate [2] 8/3 26/13 approval [2] 21/7 30/11 approved [2] 10/11 20/24 are [21] 3/6 3/8 3/25 4/1 4/2 4/10 4/20 7/3 10/4 11/23 13/25 16/6 17/14 22/18 22/19 22/19 22/21 26/18 27/4 27/18 31/7 area [3] 11/1 23/11 27/14 aren't [1] 7/2 argued [1] 16/25 argues [1] 8/4 argument [4] 5/7 21/2225/1 25/15 arrangement [1] 13/18 articulated [2] 22/8 24/10 as [51]

Ashley [1] 11120 aside [4] 5/18 12/2 15/10 16/24 ask [5] 13/20 22/2 22/7 24/11 28/15 asked [2] 7/2 21/25 asking [1] 13/23 aspect [1] 28/4 assessed [1] 25/18 assessment [2] 12/1 19/22 associated [1] 28/2 Assuming [1] 19/14 assumption [1] 26/6 assure [1] 4/12 3

30 [1] 20/12 33 [1] 16/23 3553 [2] 8/7 29/2 3553-A [2] 17/3 18/21 3818 [1] 1/20 3:06CR712 [2] 1/3 3/1 3rd f11 1/23 4

400 [1] 1/18 419 [1] 2/7 43624 [1] 2/7 44113 [11 1/19 5

5 percent [1] 25/24 5,000 miles [1] 23/3 5.1.14 [1] 4/7 5.2.1 [1] 4/7 51 [2] 8/13 8/15 514-0838 [1] 1/25 514-2956 [1] 2/4.

5259 [1] 2/7 5818 [1] 1/16

34 A

I at [45]

attached [1] 6/19 attempt [1] 18/18 attempts [1] 27/1 attend [1] 20/17 attention [1] 26/19 attorney [2] 1/17 31/11 Attorney's [1] 2612 Attorney-Cleveland [1] 1/17 attorneys [1] 31/8 attributed [1] 18/3 authority [4] 9/9 9/14 11/2 23/6 authors [1] 4/22

• available [1] 16/14 Avenue [3] 1/19 1/24 2/6 aware [1] 25/13 build [1] 22123 burden [1] 22/10 burdened [2] 22110 22/11 business [9] 17/8 17/13 22/11 22/23 22/24 25/6 27/14 28/1 31/4 but [19] 3/3 4/16 8/8 9/4 12/12 14/21 15/12 17/25 18/5 18/5 18/12 22/12 24/12 25/3 25/19 28/12 28/20 30/15 30/19 Butler 121 11/25 24/11 I

C

.4 awav r1i 14113 4

B back [3] 23/7 24/14 27/13 background [2] 9/24 17/15 bail [1] 23/5 balance [2] 19/15 26/1 Ballantine [1] 212 ban [6] 26/17 27/17 27/19 27/20 28/24 30/2 banned [1] 28/20 bar [1] 25/11 bares [1] 18/9 barred [3] 20/3 27/5 27/6 based [1] 8/22 basis [1] 15/8 be [51]

Bear [1] 3/3 beautifully [1] 28/7 because [14] 7/15 8/9 8/10 8/16 15/2 15/14 18/9 20/7 24/6 28/17 29/2 29/4 29113 29/21 becomes [1] 26/1 been [25] 4/4 4/23 5/23 5/25 6/14 7/8 13/4 14/3 14/21 15/9 15/24 17/4 17/5 17/24 18/4 18/19 20/1 24/20 25/13 25/18 27/6 27/8 27/15 28/11 29/15 before [13] 1/9 4/11 8/2 13/17 18/8 19/9 19/20 21/21 23/9 24/24 26124 31/4.31/13 beginning [1] 13/1 behalf [1] 12/23 behavior [2] 7/17 7/18 behest [1] 31/10 being [3] 7/1 15/4 20/3 believe [8] 8/2 8/17 11/13 15119 15/25 24/12 30/21 30/23 benefit [1] 22/16 Besse [7] 4/20 6/14 11/21 13/14 13/17 14/22 17/24.

better [1] 14/23 blindly [1] 29/9 block [1] 28/16 blow [2] 17/17 18/17 board [6] 10/23 26/25 27/4 27/7 27/11 27/24 bond [3] 8/1 23/7 23/9 both [12] 4/2 4/4 4/14 5/7 5/22 16/18 17/17 18/10 18/17 19/1 25/22 31/18 bottom [1] 7/9 Box [1] 2/3 breached [1] 7/8 brief [2] 4/18 22/4 briefed [1] 16/25 brilliantly [1] 28/7 bring [1] 26/19 brothers [1] 11/22 calculating [1] 11/9 calendar [1] 20/12 calling [1] 23/7 can [5] 12/16 13/25 22/11 28/14 31/11 cannot [2] 15/18 31/11 career [2] 17/17 18/11 careful [1] 28/25 carefully [1] 6/6 carried [1] 5/25 case [22] 3/5 3/22 4/19 5/11 5/23 6/1 7/3 7/11 7/13 7/21 8/2 10/6 12/4 12/17 13/19 14/4 15/11 18/16 25/23 29/21 30/12 30/22 cases [1] 30/8 category [1] 16/11 caution [1] 24/13 certain [2] 22/16 30/24 certainly [1] 14/20 certify [1] 32/3 chairman [1] 6/20 chairman's [1] 18/1 chance [1] 28/5 change [3] 30/2 30/10 30/11 changed [1] 29/7 character [2] 12/2 15/9 charge [1] 9/23 charged [1] 16/19 charges [3] 12/3 17/21 21/6 Chevalier [1] 1/14 children [4] 11/20 17/10 22/18 22/19 choose [1] 6/9 Christian [1] 1/17 Circuit [2] 7/10 31/14 circumstance [1] 24/22 circumstances [2] 6/5 30/25 citizens [1] 5/21 claim [1] 13/25 claimed [1] 9/10 clarification [2] 26/15 27/17 clarified [1] 24/9 classified [1] 10/9 clear [4] 5/20 6/25 9/22 17/23 clearly [1] 6/25 clerk [1] 19/13 clerk's [1] 31/5 Cleveland [4] 1/17 1/19 6/22 18/1 client [1] 25/16 close [4] 7/1 11/22 16/25 31/4 co [1] 16/16 co-defendants [1] 16/16 Code [1] 17/3 coincidental [1] 30/3 collaboration [1] 27/2 collect [1] 26/3 collected [1] 6/21 collection [1] 21/17 college [2] 17/7 22/19 come [1] 12/20 comes [1] 30/15 commence [1] 20/12 commenced [1] 31/5 commencing [1] 4/3 comment [2] 8/7 19/2 commission [5] 9/9 10/2 26/25 27/2 27/3 commission's [1] 27/24 commit [1] 19/24 committed [2] 28/8 28/10 community [2] 17/23 21/9 company [2] 9/21 10/23 complete [1] 15/16 completely [2] 16/5 16/16 comply [1] 20/1 concern [1] 27/8 concludes [1] 31/24 conclusion [3] 5/23 10/11 10115 concurrently [1] 19/7 condition [6] 5/13 23/25 25/16 25/21 26/16 27/9 conditions [3] 20/1"20/3 30/10 conduct [4] 8/6 8/15 12/20 15/23 conference [1] 25/11 confinement [6] 20/11 20/25 21/2 22/13 23/24 23/25 confirm [3] 12/1 16/6 23/6 confiscatory [1] 25/18 confronting [2] 5/9 5/10 consequence [2] 4/21 6/15 consequences [1] 4/19 consider [5] 9/8 15/12 24/18 27/17 30/12 considerable [1] 22/10 consideration [8] 13/3 13/20 16/1 22/7 25/21 27/21 27/25 29/25 considered [1] 18/19 considering [1] 17/22 consistent [1] 18/23 consonant [1] 16/5 conspiracy [2] 9/23 10/8 constituent [1] 21/23 contain [1] 7/6 contained [2] 3/17 4/17 contends [1] 6/16 contentious [1] 16/15 contested [1] 26/24 continue [1] 29/24 continued [1] 18/2 continues [2] 11/18 22/22 contrary [2] 10/9 31/1 control [2] 9/14 20/6 controlled [1] 19/25 convicted [2] 15/24 16/18 conviction [3] 11/9 25/20 30/21 convinced [1] 7/7 cooperate [1] 21/16 correct [6] 3/18 4/10 12/14 26/6 29/6 32/3 cost [1] 20/25 could [2] 15/2 15/2 counsel [11] 3/6 3/10 3/13 3/16 3/22 4/15 5/24 12/5 22/5 31/8 31/12 count [5] 11/8 11/13 19/12 19/22 25/23 country [3] 5/1 15/20 15123 counts [2] 16/19 19/6 couple [2] 25/14 26/18 course [3] 12/10 13/10 20/15 court [42]

Court's [6] 12/15 22/2 24/20 26/11 26/19 29/5 courthouse [1] 31/6 cover [1] 24/11 created [1] 21/14 credit [3] 21/6 21/7 27/18 crime [7] 9/11 9/20 10/14 19/25 20/6 28/8 28/10 Crimes [1] 2/3 criminal [13] 1/23 7/15 7/17 7/18 7/23 7/24 8/6 8/25 9/3 9/5 11/10 13/4 16/11 critical [1] 28/14 cross [1] 15/20 CRR [2] 2/6 32/8

35 1~

C I

current [1] 20/9 currently [1] 17/13 cut [11 2914 D

danger [2] 614 1014 dangerous [2] 15/14 21/3 date [2] 19/20 32/8 Dave [1] 13112 DAVID [5] 116 119 3/1 3/5 19/4 Davis [7 4/20 6/14 11/21 13/14 13/17 14/22 17/24 Davis-Besse [7 4/20 6/14 11/21 13/14 13/17 14/22 17/24 day [6] 14/16 14/18 14/18 19/9 20112 31/9 days [3] 20/13 23/1 31/2 DC [3] 1/15 1/24 214 deal [3] 14/18 28/3 28/18 Dealer [2] 6/22 18/2 dealing [4] 5/16 28/3 28/10 28/11 deals [1] 5/17 death [1] 18/11 debarred [1] 26/21 decision [3] 9/8 27/12 30/16 declination [1] 26/20 declined [1] 13/18 defendant [30] 1/13 3/6 4/5 6/18 8/24 10/6 10/8 10/10 10/16 10/18 10/21 11/3 11/5 12/5 1216 15/24 18/4 18/7 18/17 19/1 19/4 1917 19/19 19/24 20/9 20/10 22/5 26/13 30/15 31/21 defendant's [6] 7/17 8/10 8/23 11/9 11/11 19/16 defendants [4] 1/7 7/15 16/16 16/18 defense [2] 4/15 2215 deferred [4] 13/1 13/17 14/17 26/21 degree [3] 9/12 9/14 17/8 demonstrated [2] 6/13 7/24 deny [1] 11/2 depart [1] 6/4 department [3] 1/22 212 18/25 departure [3] 5/2 7/19 7/25 depends [1] 15/15 depreciate [2]

16/20 28/2 described [1] 911 description [1]

8/14 deserve [1] 14/1 desire [1] 31/7 destructive [1] 21/3 determination [1]

27/22 determine [1]

28/15 deterrence [2]

815 15/20 deterrences [1]

29/1 deterring [1]

15/23 device [2] 20/18 21/3 devising [1] 4/23 Diaz [1] 6/20 did [4] 4/22 7/16 14/24 30/11 different [3] 5/9 15/11 25/3 differently [1] 23/22 diffi cult [3] 16/17 16/25 24/25 difficulty [1] 15/3 dire [1] 6/15 directed [3] 21/1121/9 21/17 direction [2] 10/12 31/10 director [2] 6/19 915 disagree [1] 9/15 disaster [1] 7/1 discovered [1] 19/19 discretion [4] 6/8 6/10 13/22 16/13 discuss [1] 8/16 discussed [2] 3/12 10/20 discussion [1]

22/4 dlistinction [1]

13/14 Distinguished [1]

17/9 district [7]

1/1 111 1/10 1/18 7/20 1918 19/13 DIVISION [2] 1/2 1/23 DNA [1] 21/17 do [19] 8/2 8/17 10/12 11/15 13/22 14/21 14/22 14124 16/19 23/17 23/17 24/21 26/4 2615 28/5 28116 28120 3017 31/10 Docket [1] 113 doctor [1] 11/23 documents [2]

11/7 1118 does [5]

7112 11/8 14/1 23/19 30/8 doesn't [1]

9/15 don't [6]

13/9 15/4 24/6 24/12 24/15 28/1 done [5]

7/7 14/23 2516 27125 28/21 down [1]

17/24 draft [1]

24/11 drives [1]

18/8 drug [3]

20/6 20/8 20120 due [2]

18/2 19/23 everything [1] 14/21 evidence [5]

6/12 9/19 15/3 28/20 29/15 example [2]

24/5 27/18 excellent [2]

11/15 13/13 except [4]

3123 16/7 24/2 30/17 exception [3]

23/15 23/24 24/3 Excuse [1]

23/13 executing [1] 19/18 exemplary [1]

18115 exercise [6]

6/7 6/10 9/8 10/1 1416 16/13 exercised [1]

9/14 exonerated [1]

16/16 expansion [1]

15/22 experience [3]

12/18 12121 13/24 experienced [2]

8/9 14/4 expertise [1]

10/22 explaining [1]

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18/21 2112327/9 eligibility [1]

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note [5] 9/2 9/6 9/7 17/3 28/25 noted [7] 6/18 7/21 16/22 17/4 17/6 18/14 30/17 notereading [1] 2/10 notes [1] 9/6 nothing [3] 9/17 9/21 19/18 notice [3] 9/25 31/6 31/9 Notwithstanding [1] 19/17 now [10] 12/5 13/25 18/25 22/18 22/22 22/25 23/8 24/23 29/15 30/13 NRC [11] 6/17 6/20 6124 10/13 10/23 10/24 13/3 17/12 26/21 28/18 30/6 nuclear [18] 4/20 5/1 8/11 10/23 13/13 15/13 15/14 15/21 15/22 17/18 17/23 18/12 20/4 22/17 26/25 27/12 27/23 29/3 number [5] 3/5 8/17 13/22 23/4 27/6 numerous [1] 4/23 NW [21 1/15 1/24 0

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name [1] 11/15 national [1] 6/3 nature [3] 6/5 9/9 9/13 Navy [1] 17/9 necessary [1] 24/12 need [6] 11/15 18/8 18/17 23/16 23/17 24/3 needed [1] 12/25 neglected [1] 12/7 net [1] 18/11 new [4] 1/24 15/21 16/23 21/6 next [2] 19/10 31/4 Nicholas [1] 11/20 Nills [1] 6/20 Nixon [2] 2/6 32/8 no [23] 1/3 5/15 6/12 7/18 9/18 10/6 10/11 10/11 10/12 10/13 11/10 13/4 13/5 14/24 17/14 20/9 20/12 24/2 29/15 29/19 29/20 31/20 31/22 none [1] 12/25 nor [1] 16/20 NORTHERN [2] 1/1 1/18 A

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raised [2] 4/5 4/6 random [1] 20/20 range [1] 5/2.

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recommendations [1] 15/8 recommended [1] 18/24 record [15] 3/21 7/18 13/24 14/25 16/9 17/4 17/16 18/15 22/4 25/12 26/19 29/16 31/3 31/16 32/4 recorded [1] 2/9 recruiting [1] 9/21 recruitment [3] 9/10 9/17 9/18 reduce [1] 25/23 reemployment [1] 30/7 reflect [3] 6/5 7/16 18/18 reflected [1] 18/20 Reform [1] 19/3 -

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qualify [1] 31/12 question [2] 15/19 21/25 quick [1] 5/6

39 R

I Reporter [1] 2/6 representation [1] 12/19 representing [2] 10/25 12/18 request [3] 30/13 30/13 30/14 requested [4] 6/7 21/5 30/9 30/9 required [3] 13/2 20/13 23/11 requires [1] 23/1 res [1] 27/10 residence [2] 20/14 20/16 respect [16] 8/16 1113 1216 16/2 16/23 16/24 21/22 22/1 25/16 26/16 27/17 28/1 29/6 29122 29/25 30/2 respective [1] 22/21 responsibility [1] 14/22 rest [1] 28/6 restaurants [1] 22125 resting [1] 4/11 restrict [1] 23/19 restricted [1] 13/6 restriction [4] 12/13 23/23 25/8 29/6 result [6] 7/13 1213 14/4 17/12 18/22 25/14 resulted [1] 6/16 results [1] 16/11 return [2] 27/22 28/17 review [2] 10/23 2318 reviewed [3] 3/11 3/16 18/21 reviewing [1] 17/2 revisions [1] 3/11 rewarded [2] 5/23 5/25 Richard [2] 1/13 1/22 Rick [1] 25/10 right [4] 9/11 28/23 30/21 30/24 risk [3] 4/24 5/21 29/20 road [1] 28/15 roads [1] 15/20 role [4] 8/22 8/23 10/2 14/23 RPR [2] 2/6 32/8 Rule [2] 16/23 16124 ruling [1] 17/1 rulings [1] 12/16 runs [1] 27/20 ruotur* [21 4/20 5/13 serious [3] 10/25 17/21 18/16 seriousness [3] 5/19 7/16 18/18 served [2] 13/13 19/6 service [3] 16/20 17/9 21/9 services [1] 20/17 set [5] 7/12 7/21 12/1 20/22 23/9 setting [2] 15/10 16124 seven [2] 6/18 11/21 several [2] 6/11 17/3 shall [20] 3/22 19/7 19/11 19/15 19/18 19/21 19124 19/25 20/1 2013 20/10 20/13 20/18 21/2 21/4 21/5 21/8 21/11 21/16 30/19 share [3] 9/11 10/13 10/14 she [1] 30/9 should [11] 8/9 9/8 10/15 13/6 13/6 14/23 15/25 17/24 21/10 28120 29/7 shoulder [1] 22122 show [1] 5/9 showing [1] 10/6 shown [3] 9/18 9/21 10/10 shut [1] 17/24 side [1] 25/11 sign [1] 1311 signed [2] 10/10 14/16 significance [2] 4/25 7/19 significant [2] 4/25 18/3 significantly [1] 6/4 simply [6] 5/16 13/2 13/8 13/19 14/1 28/21 sir [1] 15/5 sister [1] 11122 situation [4] 5/9 25/3 25/18 27/5 six [1] 16/12 Sixth [2] 7/10 31/14 Sixth Circuit [2] 7/10 31/14 so [11] 5/25 7/7 14/5 14/14 15/18 24/3 27/4 27/16 27/19 30/1 31/10 some [7] 17/4 18/2 22/8 23/9 24/18 27117 30/22 something [4] 10/12 14/8 28/5 28/16 son's [1] 11/22 sophisticated [1] 24/16 sorry [2] 4/9 6/20 sort [3] 4/21 14/11 15/23 speak [4] 12/8 22112 22/12 27/5 special [1] 19/21 specified [1] 20/20 speculates [1] 18/5 spent [1] 27/15 Spielbusch [1] 2/6 staff [1] 27/2 stainless [1] 7/4 stand [1] 13/9 standard [1] 20/1 standards [1] 29/19 state [1] 19/24 stated [2] 6/22 16/8 statement [3] 18/10 29/5 31/17 statements [5] 7/2 10/10 10/22 12/16 18/3 states [15] 1/1 1/3 1/10 3/4 6/2 15/12 15/19 17/3 19/8 19/13 19/18 19/21 23/4 26/2 31/13 statute [1] 31/1 stay [2] 6/15 27/8 stayed [1] 27/3 steel [1] 7/4 stenography [1] 2/9 Stickan [1] 1/17 still [7] 4/1 14/16 25/4 25/4 25/5 28/3 28/18 Street [1] 1/15 stress [2] 13/11 14/2 strike [1] 11/10 studies [1] 4/23 subject [3] 16/13 18/16 27/14 submit [3] 4/18 15/23 20/19 submitted [2] 515 5/19 subsequent [1] 30/17 substance [3] 17/14 19/25 20/9 substantial [1] 24/15 such [2] 24/22 31/2 suffice [1] 8/8 sufficient [1] 29/1 suggest [2] 5/8 29/16 suggestion [1] 5/15 suitability [1] 27/13 Suite [2] 1/14 1/18 summary [1] 11/7 Superior [1] 1/19 supervising [1] 21/2 supervision [1] 19/23 supervisor [4] 8/25 9/3 9/4 11/21 supervisory [1] 10/1 support [1] 11/23 suppose [1] 4/21 sure [1] 23/4 suspended [1] 20/7 sustain [1] 22/23 sweat [1] 25/6 system [3] 5/14 5/24 15/15 systems f11 6/14 T

runture r2i 4120 5/13 S

safety [11] 5/12 5/14 5/18 6/3 6/13 7/8 11/1 15/15 15/18 17/22 29/17 said [4] 4/24 5/22 18/8 25/15 same [5] 7/13 11/24 12117 23/17 24/23 say [11] 6/24 6/25 8/8 10/12 13/8 14/8 14/11 15/5 24/17 28/19 30/5 saying [1] 14/25 says [3] 9/2 24/2 28/8 schedule [1] 19/17 scope [1] 9/13 seal [1] 3/21 sealed [2] 3/23 3/24 second [2] 8/18 8/19 section [15] 2/3 3/24 4/7 6/2 6/8 6/11 7/12 8/6 8/15 8/21 8/21 10/15 11/4 11/6 17/3 security [1] 6/3 see [2] 15/2 15/2 seek [3] 13/9 26/15 30/10 seem [1] 9/15 self [1] 14/19 sentence [31] 13/23 14/7 16/1 16/10 18/8 18/18 18/20 18/22 18/23 19/1 21/18 21/19 21/24 22/14 23/21 24/8 24/9 24/11 24/21 26/11 26/12 26/16 27/10 28/3 28/17 29/1 30/18 30/18 30/24 30/25 31/17 sentencing [11] 1/6 1/9 3/2 3/4 3/16 12/6 16/3 17/2 19/3 20/13 20/24 take [5] 4/22 14/22 15/25 22/7 27/7 taken [4] 3/22 11/6 11/8 14/19 taking [2] 13/20 27/12 talk [1] 28/9 talking [2] 14/1 27/18 tax [1] 21/12 telephone [1] 4/13 tell [1] 30/20 ten [2] 31/2 31/9 ten-day [1] 31/9 tend [1] 10/3 term [4] 19/5 21/8 27/20 30/3 terminated [2] 29/10 29/13 terms [4] 20/22 23/7 23/8 30/10 testimonies [1] 12/22 testing [1] 20/6 tests [1] 20/20 than [13] 5/9 7/5 9/1 17/16 20/12 20/23 22/18 24/17 24/19 25/1 27/19 28/5 28/21 Thank [8] 3/15 14/9 15/6 16/2 26/10 31/15 31/23 31/23 Thanks [1] 5/22 that [180]

that's [4] 15/5 21/25 23/15 29/25 the presentence [1] 6/1 their [8] 5/20 15/2 15/4 22/21 24/21 25/17 26/13 28/19 them [4] 5/19 11/17 1211 14/15 then [13] 3/15 3/20 6/19 6/19 7/25 9/24 12/6 18/1 22/1 22/2 22/12 24/14 30/12 there [33]

there's [2] 5/15 25/8 therefore [5] 10/14 11/11 16/10 26/10 26/22 thereto [1] 3/12 these [6] 11/23 13120 15/13 22121 23/1 29/13 they [9] 4/2 5/15 7/3 12/1 15/3 22/18 22/19 28/19 31/8 thin [1] 7/5 thing [3] 12124 23/17 24/24 things [6] 13/21 13/22 15/13 17/4 23/8 25/14 think [19] 5/2 5/8 5/16 5/20 11/2 12116 12/24 13/11 13/15 14/7 21/21 23/2 23/4

40 r

r T

think... [6] 23/10 24/19 27/1 28/4 28123 29/5 third [2] 7/22 10/18 this [80]

Thomas [1] 2/2 those [6] 7/2 11/8 11/18 17/21 27/11 29/18 though [1] 29/9 threat [1] 5/12 threats [1] 5/17 three [16] 11/19 13/15 13/16 13116 16/18 17/10 17/20 19/6 19/6 22/19 27/1 28/24 29/12 29/18 30/2 30/3 three-year [3] 28/24 30/2 30/3 through [7] 12/20 14/15 15/1 17/5 19113 31/3 31/8 throughout [3] 5/25 10/7 23/4 time [11] 14/16 15/1 16/18 19/14 22/17 23/19 24/18 29/10.30/16 30/17 31/10 times [1] 4/15 timing [1] 13/16 Title [1] 8/7 today [2] 5/8 27/10 told [1] 23/12 Toledo [2] 1/4 2/7 took [2] 23/10 29/25 total [3] 19/12 19/22 25/24 trained [2] 27/15 28/7 transcript [3] 1/9 2/9 32/3 travel [4] 23/2 23/11 23/17 23/20 travels [2] 23/3 24/5 treatment [1] 20/16 tremendous [1] 16/20 trial [5] 5/23 6/13 10/7 16/15 16123 true [1] 17/21 trust [1] 10/19 truthful [2] 10/25 15/17 trying [2] 15/3 22/23 two [9] 7/2 7/14 7/19 8/17 8/20 9/1 11/22 14/12 22/18 two-and-a-half [1] 14/12 two-level F21 7/19 8/20 U

U.S [3] 1/17 1/22 2/2 unable [1] 19/14 unblemished [1] 11/24 under [8] 3/21 8/22 17/2 19/23 20/22 24/1 29/2 30/24 undergraduate [1] 22/20 understand [4] 12/20 13/10 25/9 26/4 understanding [2] 3/25 25/17 understood [1] 25/25 unexpected [1] 21/13 unit [1] 14/3 UNITED [13] 1/1 1/3 1/10 3/4 15/12 15118 17/3 19/7 19/13 19/18 19/21 26/2 31/13 unless [2] 12/6 20/14 unquote [2] 6/6 9/2 unsafe [1] 17/25 until [1] 18/15 unusual [1] 4/19 up [2] 27/7 28/19 uphold [1] 10/16 upon [4] 13/5 14/3 19/19 24/24 upward [4] 5/2 6/4 7/25 8/20 urging [2] 7/11 13/5 us [3] 26/24 28/17 28/20 used [21 7/10 10/21 verge [1] 15/21 verify [1] 12/17 versus [1] 3/5 very [4] 6/6 15/14 16/2 31/23 vessel [1] 7/5 vindicated [1] 13/25 violations [1] 8/1 violent [2] 7/23 20/6 virtually [1] 27/15 visited 1I'l 24/24 24/7 24/8 24/18 27/16 28/4 28/15 29/16 30/730/11 wouldn't [1] 25/2 writer [2] 4/14 10/20 writing [1] 18/10 written [4] 12/23 23/23 24/10 31/16 wrona [11 13/16 Y

w want [10] 4/11 4/12 6/24 6/25 12/24 13/8 13/11 16/5 16/14 22/12 wanted [1] 27/4 warranting [1] 7/24 was [61]

Washington [3] 1115 1/24 2/4 wave [1] 15/21 way [5] 14/20 16/20 17/25 23/21 24/16 we [26] 3/8 4/18 5/1 5/7 5/19 12/16 13/9 13/10 13/25 15/19 15/23 15125 17/25 22/6 23/10 25/3 25/8 26/15 27/4 27/5 28/10 28/18 28/18 28/19 28/23 29/5 we're [7] 12/17 15/7 15/20 15/21 25/7 28/1029/9 weapon [1] 21/4 wear [1] 20/18 weigh [1] 15/3 weighs [1] 18/22 welcome [1] 4/16 welfare [2] 6/2 14/2 well [7] 10/6 15/15 16/24 16125 21/21 22/1 23/21 went [2] 15/1 29/11 were [9] 5/18 5/21 15/3 15/7 17/21 22/18 23/9 24/23 30/6 western [3] 1/2 24/5 24/5 what [11] 5/9 5/19 8/16 13/11 14/3 14/10 2418 24/10 27/24 29/25 30/8 whatever [2] 23/5 28/19 whatsoever [1] 9/19 when [11] 10/25 13/20 22/16 22/17 23/7 23/22 24/5 24/9 28/24 29/10 30/9 where [4] 15/21 18/13 27/5 28/14 wherein [1] 16/13 whether [2] 9/3 9/4 which [40]

while [4] 7/7 19/23 20/5 29/22 who [6] 10/1 11/14 12/23 14/1 18/7 27/11 whole [1] 24/24 why [4] 21/25 23/15 28/20 29/21 wide [1] 23/10 wife [2] 11/16 17/14 will [30] 3/20 6/11 8/7 8/10 8/16 8/18 9/5 10/16 11/2 11/11 12/11 12/14 12/22 16/10 18/20 18/22 18/25 19/2 21/22 24/9 24/11 24/11 24/13 26/10 29/24 30/16 31/4 31/8 31/10 31/12 windfall [1] 21/10 winnings [1] 21/12 Wisconsin [7] 17/11 19/9 23/4 24/5 24/6 24/731/18 Wise [1] 1/13 wish [2] 4/16 26/18 within [4] 7/6 19/9 23111 31/2 without [4] 8/4 15/17 21/7 26/22 work [8] 17/19 20/16 23/1 23116 24/2 25/6 29/11 29/12 working [2] 28/6 29/3 world [1] 27/12 would [30] 4/10 5/15 5/17 6/14 6/16 7/6 7/8 8/5 10/8 12/24 13/4 14/18 14/18 14/20 22/7 22/9 22/23 23/6 23/16 23/17 23/25 year [5] 13/7 22/20 28/24 30/2 30/3 years [13] 11/17 13/15 13/16 13/16 14/4 14/13 15/10 17/10 19/6 23/9 27/6 29/12 29/18 Yes [7] 3/9 3/14 3/19 14/10 26/5 26/8 26/9 York [1] 1/24 you [47]

you'll [1] 12/8 you're [1] 28/13 young [1] 28/7 younger [1] 22/18 your [32] 3/9 3/14 3/16 3/19 4/11 4117 4/18 5/5 12/15 12/21 14/10 15/7 21/20 22/6 22/6 25/3 26/8 26/9 26/15 27/16 28/23 29/8 29/23 30/21 30/22 30/24 31/7 31/7 31/8 31/10 31/20 31/22 Z

zero [1] 16/12 zone [1] 16/13 V

verdict [4] 13/10 16/24 17/20 28/8 verdicts [3] 12/3 16/21 17/21