usa v darren wesley huff - 11 - official transcript of initial appearance 5-3-10

8/8/2019 USA v DARREN WESLEY HUFF - 11 - Official Transcript of Initial Appearance 5-3-10

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IN THE UNITED STATES DISTRICT COURT1

FOR THE EASTERN DISTRICT OF TENNESSEE2

NORTHERN DIVISION3

4

UNITED STATES OF AMERICA, )5

)6

Plaintiff, )7

) No. 3:10-MJ-10258

) Knoxville, TN.9

vs. ) May 3, 201010

) 9:30 a.m.11

DARREN WESLEY HUFF, )12

)13

Defendant. )14

15

TRANSCRIPT OF INITIAL APPEARANCE16

BEFORE THE HONORABLE C. CLIFFORD SHIRLEY, JR.17

UNITED STATES MAGISTRATE JUDGE18

APPEARANCES:19

20

For the Plaintiff: A. WILLIAM MACKIE, ESQ.21

JEFFREY THEODORE, ESQ.22

U.S. Department of Justice23

Office of U.S. Attorney24

800 Market Street, Suite 21125

Knoxville, TN. 3790226

27

For the Defendant: PAULA R. VOSS, ESQ.28

JONATHAN A. MOFFATT, ESQ29

Federal Defender's Services30

of East Tennessee, Inc.31

800 S. Gay Street, Suite 240032

Knoxville, TN. 37929-971433

34

___________________________________________________________35

JIMMIE JANE McCONNELL, LCR #001, CLA, CCR36

MILLER & MILLER COURT REPORTERS37

12804 Union Road, Knoxville, Tn. 3793438

Phone: 865-675-1471 / Fax: 675-639839

Email: [email protected]

Case 3:10-mj-01025 Document 11 Filed 07/22/10 Page 1 of 35 PageID #: 21


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tell the truth, the whole truth, and nothing but the truth,1

so help you God. If so, please say I do.2

THE DEFENDANT: I do.3

COURTROOM DEPUTY: Please state your full4

name for the record.5

THE DEFENDANT: Darren Wesley Huff.6

THE COURT: All right. Mr. Huff, you're here7

because a criminal complaint has been issued against you and8

you were arrested pursuant to that criminal complaint.9

Are you aware of that?10

THE DEFENDANT: Yes, sir.11

THE COURT: Have you had a chance to read the12

criminal complaint?13


THE COURT: All right. I'm going to go over15

it with you in just a minute because I want to be sure you16

understand what you're being charged with.17

Before we do that, I want to be sure that you18

understand this is just what we call an initial appearance19

with regard to those charges.20

Do you understand that?21


THE COURT: All right. What we're going to23

do here is some preliminary matters, like, I want to be sure24

you understand your rights. And first and foremost among25



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those rights is the right to remain silent.1

Do you understand that right?2

THE DEFENDANT: Yes, Your Honor.3

THE COURT: Do you understand that that means4

you have the right not to make any statement that5

incriminates you or make any statement at all?6



THE COURT: Do you understand that that means9

you have the right to not make any statements to me or to10

any governmental officials or any government agents?11


THE COURT: Do you understand that means if13

you do agree to be questioned you have the right to have an14

attorney present with you during any questioning and you15

have the right to stop that questioning at any time?16



THE COURT: If you give up that right and you19

start talking to anybody, making any statements, making any20

comments to anybody about anything, whatever you say could21

come back and be used against you; not only in this hearing22

but at trial or any other hearings.23


THE DEFENDANT: Yes, Your Honor.25



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THE COURT: Another right you have is the1

right to be represented by counsel. That means you have the2

right to have an attorney. If you can hire an attorney, if3

you prefer to do that. If you cannot afford to hire an4

attorney, then you can ask that the Court appoint one for5

you; and, if I find that you qualify financially, I'll do6

that.7

Let me ask you first: Have you hired a8

lawyer?9

THE DEFENDANT: No, sir.10

THE COURT: Can you afford to hire a lawyer?11


THE COURT: Would you like me to appoint one13

for you?14


THE COURT: And in support of that request,16

have you just now filled out and signed a financial17

affidavit?18

THE DEFENDANT: I believe so.19

THE COURT: Okay. Is the information on20

there correct?21


THE COURT: You are not currently employed?23

THE DEFENDANT: Correct.24

THE COURT: And been out of work for about a25



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year?1

THE DEFENDANT: About a year, yes.2

THE COURT: All right. It appears that you3

do qualify to have counsel appointed for you.4

Ms. Voss, would you be willing to accept5

appointment in this case?6

MS. VOSS: Yes, sir, we will.7

THE COURT: Okay. You and Mr. Moffatt both8

are going to be appointed on this matter.9

MS. VOSS: Sure.10

THE COURT: Okay. Apparently I'm going to11

appoint you the entire office of the Federal Defender's12

Services.13

MS. VOSS: If we've got too.14

THE COURT: That's right. Both Ms. Voss and15

Mr. Moffatt will be assisting you throughout the remainder16

of this matter. Okay?17

All right. Now, Mr. Huff, you indicated you18

had received a copy of the criminal complaint; is that19

correct?20


THE COURT: And did you have a chance to read22

it?23


THE COURT: How far did you go in school,25



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sir?1

THE DEFENDANT: High school.2

THE COURT: Are you able to read okay?3


THE COURT: And when did you first have a5

chance to read it?6

THE DEFENDANT: This morning.7

MS. VOSS: Your Honor, I actually had an8

opportunity to read through the complete affidavit with him9

at the table.10

THE COURT: You haven't seen it before today?11


THE COURT: Okay. You're charged with13

Traveling Interstate Commerce with Intent to Incite a Riot.14

Are you aware of that?15


THE COURT: And you're charged with17

Transporting in Commerce a Firearm in furtherance of a Civil18

Disorder.19

Do you understand that charge?20


THE COURT: Do you want me to go over the22

affidavit with him, Ms. Voss, or do you feel like he23

understands the particulars behind those charges?24

MS. VOSS: We'll waive the reading of the25



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affidavit. He understands the charges.1

THE COURT: All right. Do you feel like you2

do understand what you're being charged with, Mr. Huff?3

The DEFENDANT: Yes, sir.4

THE COURT: All right. Mr. Mackie, you or5

Mr. Theodore, would you be willing to advise Mr. Huff as to6

what the potential penalties are for each of these charges?7

MR. MACKIE: Yes, Your Honor. Mr. Huff, in8

the criminal complaint you have been charged with two9

offenses: First, violation of Title 18 U.S.C. Section10

2101(a); that is Traveling Interstate Commerce with the11

Intent to Incite a Riot; and secondly, with violation of12

Title 18 U.S.C. Section 231(a)(2), Transporting in Commerce13

of Firearms in Furtherance of Civil Disorder.14

Each one of those offenses have the same15

maximum penalty under the statute; that being a maximum16

penalty of five years imprisonment, $250,000 in criminal17

fines. Both the fines and the imprisonment could be imposed18

by the Court.19

Up to three years of supervised release could20

be imposed by the Court following any terms of imprisonment.21

If you violate the terms of that supervised release as22

imposed by the Court, you could face an additional two years23

of imprisonment.24

And there's a $100 special assessment25



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assessed by the Court upon conviction.1

If you're convicted of both offenses and2

sentenced consecutively, that being the maximum the statute3

would allow, that would be a maximum penalty of ten years4

imprisonment, $500,000 in criminal fines. Both the fines5

and the imprisonment could be imposed.6

Up to six years of supervised released with a7

maximum of four years, if you violate the terms of the8

supervised release.9

And a $200 special assessment.10

That is the maximum penalty under the11

statute, not necessarily what you would be sentenced to but12

what the law permits as a maximum penalty.13

THE COURT: All right. Do you understand14

what the potential penalties are there, Mr. Huff?15


THE COURT: All right. Now, first off, you17

are entitled to have a preliminary hearing with regard to18

the criminal complaint to determine if there is probable19

cause to believe that the offenses charged have been20

committed and if there is probable cause to believe that you21

committed them.22

I'm going to ask your attorneys first if they23

have discussed that with you and if such a preliminary24

hearing is desired?25



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MS. VOSS: Your Honor, we have discussed this1

with the Government. And due to the fact that I believe2

we've reached an agreement with regard to detention, we will3

also waive the preliminary hearing at this time.4

THE COURT: Okay. Have you had a chance to5

discuss that with Mr. Huff?6

MS. VOSS: Yes we have, Your Honor.7

THE COURT: All right. Mr. Huff, you8

understand you have the right to have that hearing; and if9

you waive it, waiving means you'll be giving up the right to10

have that hearing.11


THE DEFENDANT: (Inaudible)13

THE COURT: All right. With regard to14

detention or release, Mr. Mackie or Mr. Theodore, what's the15

Government's position?16

MR. MACKIE: Your Honor, the United States17

would seek an order of temporary detention until May 3rd and18

then release on certain conditions which the Government can19

outline at this time under -- and then other certain20

conditions which would include home confinement, electronic21

monitoring, relinquishment or turning over any weapons in22

the house, and no possession of any weapons.23

No contact with Walter Francis Fitzpatrick or24

any other person associated with Mr. Fitzpatrick; no contact25



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with any members of the Georgia Militia or an organization1

known as the Oath Keepers, as well as other standard2

conditions of release that the Court would impose.3

And I do believe, just to make sure, I4

believe I requested also electronic monitoring as a5

condition to home detention.6

THE COURT: Where is his address?7

MR. MACKIE: Excuse me, Your Honor?8

THE COURT: Where would he be confined?9

MR. MACKIE: At his home in Dallas. You mean10

as far as the --11

THE COURT: Dallas, Georgia?12

MS. VOSS: Yes, Your Honor.13

MR. MACKIE: Yes, uh-huh.14

THE COURT: What's the address?15

MS. VOSS: What's your address?16

THE DEFENDANT: 615 Shoals Trail.17

MR. MACKIE: I believe I -- I understand it18

to be -- is it Shoals Trail? 617 Shoals, S-h-o-a-l-s, Trail19

in Dallas, Georgia. And restriction on -- well, he has home20

confinement but also the ability to travel with permission21

of the probation office to meet with counsel.22

THE COURT: Do you know who will be doing the23

-- who would be the probation office for that area?24

MR. THEODORE: No, sir. We will find that25



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organization that's involved in the efforts to enforce -- I1

mean --2

THE COURT: I'm trying to figure out how do I3

put that in my order.4

MR. MACKIE: Right, in terms of the order.5

Let me check.6

Your Honor, we'd just say no contact with7

Walter Francis Fitzpatrick.8

THE COURT: All right. First off, Mr. Huff,9

why don't you and Ms. Voss go ahead and have a seat. Sorry10

about that.11

All right. All right. What about you, Ms.12

Voss, what do you say?13

MS. VOSS: Your Honor, I think, again, this14

is kind of new to us. But those restrictions are all15

agreeable to Mr. Huff. We did discuss them with him. He16

has no desire to come back up here right now except to talk17

to counsel. And has agreed to the home confinement and18

monitoring, if possible.19

THE COURT: Why does he need to be -- why do20

we have to have this detention and release?21

MR. MACKIE: Your Honor, in looking at22

3142(d), order for temporary detention, our concern is that23

there is an event occurring tomorrow which was in24

Madisonville that is another hearing relating to Mr.25



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Fitzpatrick which prompted the first interstate travel to1

what we're alleging to incite a riot or cause a civil2

disturbance.3

And even with the terms of condition relating4

to home detention, we believe that in the interest of public5

safety we believe there are going to be other people there6

tomorrow. We just would rather seek detention for that7

temporary time because we do believe that under (d)(2) that8

Mr. Huff could well pose a danger to the community by9

violating any terms of condition of release; which, again,10

he could travel the interstate to go over there and we11

believe that could cause a threat to the community.12

The Government's position is essentially13

something of a -- we believe it's a reasonable condition.14

It's something of a compromise from seeking detention for15

the reasons that were stated; that we believe there are16

other members out there, whether it be the Georgia Militia17

or others that he has admitted to and we know have been18

associated with, that have been involved in a civil19

disturbance. So far it has not resulted in any violence.20

But we were concerned at the time on April 20th and21

concerned as of tomorrow that it could escalate to that.22

THE COURT: Well, why don't I just put him on23

home detention starting today?24

MR. MACKIE: Well, Your Honor, home detention25



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would allow him to leave. I mean, if he's on home detention1

he could leave and show up tomorrow and would be violation2

of the terms of bond certainly.3

But we're concerned --4

THE COURT: Well, that could be an argument5

for detention in every case; that if you violated the terms6

of your release. You know?7

MR. MACKIE: Absolutely, Your Honor. I'm8

just saying, that as a mechanism --9

THE COURT: Here's my concern. There's a10

hearing tomorrow that you are concerned about. Right?11

MR. MACKIE: Correct, Your Honor.12

THE COURT: What if that's continued for a13

week, two weeks, and everybody is going to come back again.14

Do I have him arrested again --15

MR. MACKIE: Well, Your Honor --16

THE COURT: -- and held in detention until17

that time period passes again? And then what if it's18

continued again? Do I have him incarcerated every time19

there's a hearing?20

MR. MACKIE: No, Your Honor. We -- you know,21

that is a contingency of which may happen or may not. We do22

know that it is being set for tomorrow. Whether or not it23

gets continued, we can't tell. But we do know it will be24

held tomorrow and we do know that people were intending and25



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are planning to be there.1

So that is a certainty and we can only2

operate on a certainty. To the extent that it gets3

continued by two weeks, well then we're not going to seek4

temporary detention for that date.5

THE COURT: Why not?6

MR. MACKIE: Well, because at this point,7

Your Honor, we know this is held tomorrow. We don't know8

that it's going to be continued. So I'm only acting on the9

facts that we know today.10

THE COURT: What do you say, Ms. Voss?11

MS. VOSS: Certainly Mr. Huff would prefer to12

go home today, Your Honor. But we have tried to negotiate13

an agreement. I think he would be perfectly safe down in14

Dallas, Georgia. He has told us numerous times that he has15

no intention of coming back.16

But, again, we're trying to negotiate this so17

that we don't have to have a full hearing, have to keep him18

in jail until next week. There are a lot of considerations.19

He would certainly prefer to go home today.20

And I have every confidence that he would21

follow the terms the Court places on him.22

THE COURT: I don't think I've ever done23

that. I'm trying to think.24

Do you know of any time, Mr. Mackie or Mr.25



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Theodore, where we've detained somebody and then released1

them?2

MR. MACKIE: Not personally, Your Honor.3

THE COURT: Ms. Voss?4

MS. VOSS: Other than Ms. ******, perhaps, we5

have not.6

THE COURT: Was she released directly or did7

she have to come back here?8

MS. VOSS: She had to come back here and go9

back into detention until we had a placement for her. So we10

did it in that case.11

THE COURT: One preliminary matter. This12

matter is currently under seal. Is there any reason for it13

to remain underseal?14

MR. MACKIE: It's removed. Unsealed.15

THE COURT: Okay. And you want him detained16

until when? You said 5-3, but I take it that's wrong.17

MR. MACKIE: Excuse me. That would be May18

5th, Wednesday.19

THE COURT: What time?20

MR. MACKIE: 9:00 a.m.21

THE COURT: When is the hearing?22

MR. MACKIE: Excuse me, Your Honor?23

THE COURT: When is the hearing you're24

concerned about?25



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MR. MACKIE: That would be tomorrow morning.1

I'm not sure of the time. I believe it's -- tomorrow2

afternoon. Excuse me.3

THE COURT: How long has he been in custody,4

Mr. Mackie?5

MR. MACKIE: He has been detained, I believe,6

since Friday afternoon.7

THE COURT: Is that when he was arrested --8

MR. MACKIE: When he was arrested.9

THE COURT: -- picked up?10

MR. MACKIE: In Sevier County?11

MR. THEODORE: Knox County.12

MR. MACKIE: In Knox County. I'm sorry. I13

was not here on Wednesday. He was arrested here in Knox14

County.15

THE COURT: He was here in Knox County?16

MR. THEODORE: Yes, Your Honor.17

THE COURT: Was he involved in some ulterior18

activity at that point?19

MR. MACKIE: Your Honor, it's my20

understanding that he was traveling between different county21

seats seeking to enlist the assistance of county sheriffs to22

enforce citizen arrest warrants that Mr. Fitzpatrick had23

issued previously.24

And, Your Honor, just --25



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THE COURT: So you felt like he was involved1

in the same type of activity when he was arrested on Friday.2

MR. MACKIE: Same activity. He came back3

from Georgia into Tennessee for continuance of the same4

activity of which is alleged in the criminal complaint.5

I would also note that on April 30th that Mr.6

Huff did sign a waiver as to immediate appearance before a7

magistrate judge.8

THE COURT: Does he know the legality of such9

a waiver?10

MR. MACKIE: Yes, we have a signed waiver;11

what we call the Corley waiver.12

THE COURT: Right. Where does it say in13

Corley that you're entitled to waive such a thing?14

MR. MACKIE: I'm sorry, Your Honor?15

THE COURT: Where does it say in Corley that16

you can waive Rule 5?17

MR. MACKIE: It states -- what he signs -- I18

mean, what he stated was that he understands he has a right19

to be taken to the court without unnecessary delay and that20

he waived that right until a hearing today.21

THE COURT: Well, is it your contention that22

the Government can hold anybody as long they want as long as23

they have a waiver and they don't have to comply with Rule24

5?25



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MR. MACKIE: No, Your Honor.1

THE COURT: Then what's that waiver; that2

says you can hold him and not comply with Rule 5?3

MR. MACKIE: Your Honor, it's my4

understanding that at the time that he agreed to have the5

waiver for the weekend until appearance today.6

THE COURT: All right. Well, I'm going to7

look at the detention issue.8

I would suggest you look at Corley. I've9

read it. I don't see anything like that in it. I see a10

reference in a dissent that the Supreme Court rejected. And11

so you tell me where it comes from.12

MR. MACKIE: We shall, Your Honor.13

THE COURT: Because the result is you can14

hold somebody for a month and just say I have a waiver, and15

waive their right to appear in court. That's not what the16

rule says. The rule says it doesn't say they have a right.17

The rule says you must present them. One of the few things18

that says "must."19

I'm going to look at these issues with regard20

to detention on release, and I'll come back in just a couple21

of minutes and tell you what I think.22

COURTROOM DEPUTY: All rise.23

(A recess was taken.)24

COURTROOM DEPUTY: All rise. This Honorable25



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Court is once again in session. Please come to order and be1

seated.2

THE COURT: All right. Although we haven't3

had a full-blown hearing, I've taken into account everything4

that everybody said on behalf of the Government and the5

Defendant, as well as the probation office.6

And I also decided to look into 3142(g)7

factors. And other than the fact that there's a gun8

involved, there doesn't appear to be any other factors that9

would even strongly argue for detention in this case.10

Finally, I think that while there is some11

issue about whether Mr. Huff might pose a danger to the12

community or certain individuals, I think that the Court can13

fashion conditions of release that will reasonably assure me14

that he won't pose such a danger.15

So, Mr. Huff, the long and short of all this16

is I'm going to release you today. But you need to17

understand that this is what we call a conditional release.18

You also need to understand that by virtue of the19

allegations and the arguments in favor of detention that20

it's very important that you comply with each and every one21

of these conditions.22



THE COURT: I'm going to go over them with25



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you so that there's no question in your mind when you leave1

here as to what those conditions are and my expectations2

with regard to them. All right?3

Now, the first is you're not to violate any4

federal, state, or local law while you're out on release.5


I need you to speak up. I'm recording this.7


THE COURT: And I need you to understand I'm9

not making any judgement on the charges in this case or any10

of the allegations.11

THE DEFENDANT: Right.12

THE COURT: But this doesn't have to do with13

anything with regard to what you think about a law or what14

you believe about a law; whether you like it or whether you15

don't like it. If you violate it, you're going straight to16

jail; not for the charges in the complaint, but because you17

violated my order.18



THE COURT: You're to cooperate in the21

collection of any DNA sample, if that's authorized.22

You're to advise the court, your attorney,23

your probation officer, the U.S. Attorney's Office,24

everybody, if you change your address or you change your25



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THE COURT: Okay. Now, we'll get to that in1

just a minute. But I want you to be sure you understand2

that. It's important I know where you are and how to get in3

touch with you at any given time.4



THE COURT: All right. The next is that you7

are to appear in court as required and to surrender for8

service of any sentence that might be imposed.9

Do you understand that condition?10


THE COURT: Now here's the specific12

conditions:13

Number One: You're to report to your14

probation officer in Marietta, Georgia who is going to be15

Jeffrey Caldwell. You report to Mr. Caldwell tomorrow at16

11:00 a.m. I haven't been able to talk to Mr. Caldwell17

directly yet, but I'm going to tell him to hold you there,18

fill out your paperwork, do all your processing, everything,19

and to stay there until whatever hearing it is that's in20

Monroe County is over with. Okay?21

THE DEFENDANT: Okay.22

THE COURT: So that will assure you're not in23

Monroe County but you don't have to be in jail. Okay? You24

may not like sitting at the probation office a couple of25



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hours, but I assure you it beats being in jail.1

Now, if you don't show up at eleven, I'm2

going to have an arrest warrant issued for you and it will3

be effective in Tennessee and Georgia and they'll be looking4

for you to arrest you at 11:05. Okay?5


THE COURT: And I've got the phone number on7

here that will be on the paper on how to get in touch with8

Mr. Caldwell.9

Now here's your other condition. You're to10

maintain or actively seek employment. Okay? I know times11

are tough but here's what else I know, and Ms. Voss and Mr.12

Moffatt can probably support this. The vast majority of13

those people who get out on bond just like you who don't14

work always end up violating and end up going to jail. The15

vast majority that work while they're out never do violate.16

So statistically, if you want really good17

odds, you ought to get you a job. Now, my guess is you've18

tried and I understand you've had some business setbacks.19

There's a lot of what some people consider menial jobs. I20

don't use that term because I've held them all. Okay? And21

candidly if it's good enough for me, it's good enough for22

everybody else in my mind. You can stack groceries at23

Kroger like I did. You can work at a fast food place, you24

can go look for a job at a 7/11, something like that, and25



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try to get on with a construction company.1

All I'm saying is that if you can be employed2

it keeps you from a lot of the down time that allows people3

to violate. Okay?4


THE COURT: You are to abide by the following6

restrictions on your travel. You're not to travel outside7

the State of Georgia without permission of your probation8

officer.9


THE COURT: You are not to have a presence in11

Monroe County, Tennessee, period.12


THE COURT: You're also to avoid all contact,14

directly or indirectly, with the following people: Walter15

Fitzpatrick, any governmental employees or officials of the16

State of Tennessee, or any county officials in Tennessee17

including Monroe County, Tennessee officials.18



THE COURT: You're also to avoid any contact21

directly or indirectly with any past or present members of22

the Grand Jury of Monroe County.23





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THE COURT: And you're to avoid contact1

directly or indirectly with any member of any Georgia2

Militia or, I put in quotes, "Oath Keepers." You know who3

they are.4


THE COURT: All right. You're to refrain6

from possessing any firearm, any dangerous devise, or any7

dangerous weapon. So you understand that whatever may or8

may not be in your house, your cars, barns, whatever, need9

to be removed. Because if you are in the presence of them10

you could be considered in possession of them.11



THE COURT: You're also to participate in the14

following restriction on your comings and goings. I'm going15

to place you on home detention. Home detention means you're16

restricted to your residence at all times except for going17

to and being employed; education, but you're not seeking any18

education; religious services; medical treatment; mental19

health treatment; attorney visits; court appearances; or20

other activities approved by your probation officer. Okay?21

Yes, sir.22

THE COURT: Other than that, you must be in23

your home.24

To ensure that, I'm going to require you to25



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be on electronic monitoring. They do not have GPS1

monitoring at that facility in that probation office. So2

I'm going to have to put you on the RF, radio frequency,3

monitoring which does require you to have that land line.4

Okay? So I'm going to order you to obtain a land line5

immediately.6

This is the other one that's really important7

that you understand. I'm restricting you to your residence.8

When you leave here, you go straight to your home. You're9

restricted to your residence 24 hours a day until that10

electronic monitoring is set up, except for that visit to11

your probation officer tomorrow at eleven. Okay?12


THE COURT: So anybody comes by to check on14

you, you best be there. If you've gotten in your truck and15

driven down to the local drugstore to get some smokes,16

you're going straight to jail. Okay?17

I use that as an example because I had a guy18

do that. Okay? That's a pretty dumb way to end up in jail19

in my mind. But it shows me that they didn't care for the20

conditions I put them on.21

THE DEFENDANT: I make my own, so we're okay.22

THE COURT: Okay. Well, if you go out for23

anything you understand?24




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THE COURT: All right. I'm going to be1

seeing how you do on your release. And if you violate even2

the smallest condition, you're likely to have your whole3

release revoked. So the bottom line is if you want to stay4

out, mind these rules. If you don't, I can accommodate that5

too. All right?6

Now, a couple of things. On the last page7

where you signed are certain penalties and sanctions, the8

first one tells you that if you violate any of these9

conditions of release you're subject to being arrested and10

having your own release revoked. I've been telling you that11

over and over all morning.12

The other two things that are real important13

here: One, it says while you're out on release, if you're14

out on a court ordered release and you were to commit a15

felony, a federal felony, you could be subject to up to an16

additional ten years in prison for doing that while you're17

out on release. And if you even commit a misdemeanor,18

you're subject to up to an additional one year in prison for19

doing that.20

Do you understand?21


THE COURT: The other is it tells you it's a23

crime punishable by up to another ten years in prison if you24

were to obstruct a criminal investigation; or if you were to25



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tamper or attempt to tamper with any witness, any victim, or1

any informant; or if you were to retaliate or attempt to2

retaliate or intimidate; or attempt to intimidate any3

witness, any victim, or any informant.4



THE COURT: The bottom line I always tell7

people sitting there is if you know anybody that might8

possibly be involved in this case and you see them coming9

down the street, I'd go to the other side of the street just10

so there's not any question. Because if somebody raises an11

issue about it, I'm going to be concerned. Okay?12


THE COURT: All right. Now, do you14

understand all those conditions?15

THE DEFENDANT: I believe so, sir.16

THE COURT: All right. Do you have any17

questions about them?18


THE COURT: Can you keep them all?20

THE DEFENDANT: I believe so.21

THE COURT: Well, believing so is not good22

enough for me.23

THE DEFENDANT: It will be my absolute utmost24

intent to abide by them to the absolute best of my ability,25



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sir.1

THE COURT: It's a simple yes or no question.2

Will you follow the conditions or not?3


THE COURT: And you promise me you will?5

THE DEFENDANT: I certainly do, sir.6

THE COURT: Do you understand what will7

happen if you don't?8

THE DEFENDANT: Unfortunately I do, sir.9

THE COURT: And what would that be?10

THE DEFENDANT: I'll be coming right back up11

here to stay for a while.12

THE COURT: Yes. Okay. Instead of going13

through that door, you may go through that door.14


THE COURT: Any questions about those, Mr.16

Mackie?17


THE COURT: Ms. Voss?19

MS. VOSS: No, sir. Thank you.20

THE COURT: Is the number 0309 or 0369 for21

Mr. Caldwell?22

UNIDENTIFIED SPEAKER: 0369.23

THE COURT: Let me change that. We'll get24

him a copy too. All right. If you'll hand that up to Mr.25



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Mackie first.1

All right, Mr. Huff. Because I believe you2

can but more importantly because I believe you will keep3

these conditions, I'm going to allow you to be released.4

Where will he be released from?5

UNIDENTIFIED SPEAKER: Just downstairs on the6

second floor, Your Honor, we just have to finish processing7

him.8

THE COURT: All right. The marshals need to9

finish processing you.10

Does probation do any processing?11

UNIDENTIFIED SPEAKER: Yes, sir.12

THE COURT: All right. So you've got to make13

a little bit of a tour before you go out of here. The14

marshals will do their thing and then you'll go over to15

probation and they'll get you squared away.16

Maybe possibly even allow him to get in touch17

with this Mr. Caldwell if possible and make those18

arrangements and make sure Mr. Caldwell understands my19

intent is to make sure he's sitting in Marietta, Georgia20

when the Government's concerned he might be in Monroe21

County. That's how we're going to make that work. Okay?22

All right. I'm going to sign this and I23

would suggest, Mr. Huff, that you get a copy of this so that24

there's no question about any of these conditions. Should25



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you have any questions or an issue come up, be sure to1

contact Mr. Caldwell first and ask him. He'll contact me.2

I'll clear it up. Don't just take things out on your own.3

Do you understand?4


THE COURT: All right. And just remember6

that whatever Mr. Caldwell says, that's like me saying it.7

So before you think about just blowing him off, if he tells8

you to do something, just remember you're doing it to me.9

Okay?10


THE COURT: All right. Mr. Mackie and Mr.12

Theodore, I realize you wanted detention. In my opinion13

this basically solves the problem and concerns that you had.14

If he's not there at eleven, we'll issue an arrest warrant15

and you can have an APB out. If he is there, then your16

concerns are taken care of and we don't have to worry about17

if the matter is continued then locking him up each time18

it's set for hearing.19

That's my thinking behind that. If you hear20

anything that he's been in violation, of course, I'll know21

you'll let our probation office know and they'll let me22

know.23

All right. Is there anything else we need to24

take up with regard to Mr. Huff?25



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THE COURT: Ms. Voss, anything else on behalf2

of Mr. Huff?3

MS. VOSS: No, sir. Thank you very much.4

THE COURT: All right, Mr. Huff, you're good5

to go, as they say, at this point. I'll not see you back6

unless I order you back.7

THE DEFENDANT: Thank you, Your Honor.8

THE COURT: Court stands adjourned.9

(End of proceedings)10

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REPORTER'S CERTIFICATION1

STATE OF TENNESSEE )2

COUNTY OF KNOX )3

I, JIMMIE JANE McCONNELL, LCR #001, CCR #0219, CLA,4

federally approved transcriptionist, court reporter, and5

notary public, in and for the State of Tennessee, do hereby6

certify that the above hearing was transcribed by me from a7

CD recording provided by the U.S. District Court and that8

the foregoing 34 pages of the transcript is a true and9

accurate record to the best of my knowledge, skills, and10

ability.11

I further certify that I am neither of kin nor of12

counsel to any of the parties, nor in anywise financially13

interested in the outcome of this case.14

I further certify that I am duly licensed by the15

Tennessee Board of Court Reporting as a Licensed Court16

Reporter as evidenced by the LCR number and expiration date17

following my name below.18

IN WITNESS WHEREOF, I have hereunto set my hand and19

affixed my Notarial Seal this 22nd day of July, 2010.20

_____________________________________________21

JIMMIE JANE McCONNELL LCR #00122

Expiration Date 6/30/201223

Notary Public Commission Expires: 5/09/1224

Miller & Miller Court Reporters25

12804 Union Road26

Knoxville, TN. 3793427

Phone: 865-675-1471 / Fax 675-639828

Email: [email protected]

usa v darren wesley huff - 11 - official transcript of initial appearance 5-3-10

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