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Nancy C. LaBella, CSR, RMR, CRR

Official Court Reporter

219 South Dearborn Street, Room 1222

Chicago, Illinois 60604

(312) 435-6890

NLaBella.ilnd@gmail.com

1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA, )

)

Plaintiff, )

)

v. ) No. 11 CR 887-3

)

DIMITRIS TERRY, )

also known as "D," ) Chicago, Illinois

) July 8, 2014

Defendant. ) 2:00 p.m.

TRANSCRIPT OF PROCEEDINGS - STIPULATED BENCH TRIAL

BEFORE THE HONORABLE RONALD A. GUZMAN

APPEARANCES:

For the Plaintiff: HON. ZACHARY T. FARDON

United States Attorney

BY: MR. PETER S. SALIB

Assistant United States Attorney

219 South Dearborn Street

Suite 500

Chicago, Illinois 60604

(312) 353-5300

For the Defendant: LAW OFFICES OF BEAU B. BRINDLEY

BY: MR. BEAU B. BRINDLEY

53 West Jackson Boulevard

Suite 1410

Chicago, Illinois 60604

(312) 765-8878

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(Proceedings had in open court:)

THE CLERK: 11 CR 887-3, United States of America v.

Dimitris Terry.

MR. SALIB: Good afternoon, your Honor. Peter Salib

on behalf of the United States.

MR. BRINDLEY: Good afternoon, your Honor. Beau

Brindley on behalf of Dimitris Terry, who is in custody and

present.

THE COURT: Good afternoon.

So we're going to proceed by way of stipulated bench

trial today?

MR. SALIB: That's correct, Judge.

MR. BRINDLEY: Yes, your Honor.

MR. SALIB: If the Court will allow us to.

THE COURT: I've got to go back about 500 years,

stipulated bench trial.

I just received your written stipulation. The

indictment contained two or three counts?

MR. SALIB: Yes, Judge.

THE COURT: Are you proceeding on all of them?

MR. SALIB: No.

THE COURT: Which one?

MR. SALIB: Just Count One.

THE COURT: Okay. It doesn't say that in here.

MR. SALIB: My apologies, your Honor.

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THE COURT: So after the conclusion of the stipulated

bench trial, you are going to --

MR. SALIB: We would --

THE COURT: -- dismiss the other two counts?

MR. SALIB: We would proceed to sentencing. And then

at the conclusion of sentencing, we would dismiss the

remaining counts in the indictment.

THE COURT: All right. Let's see if we can get this

done.

MR. SALIB: Judge, I have the executed documents,

both the waiver of jury trial and the stipulation signed and

executed.

THE COURT: Sure.

(Tendered.)

THE COURT: Paragraph 1(a) of the jury trial waiver

refers to a "she." I assume you mean that to be "he"?

MR. SALIB: That is correct, your Honor.

MR. BRINDLEY: Yes, your Honor.

MR. SALIB: That's a typographical error on my part.

THE COURT: It will be deemed so amended.

I think, just to make the record clear, let us put

Mr. Terry under oath. Raise your right hand, sir.

(Defendant sworn.)

THE COURT: Mr. Terry, your attorney indicates that

it's your intention to proceed today with a stipulated bench

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trial as to Count One of the second superseding indictment; is

that correct?

THE DEFENDANT: Yes, it is, your Honor.

THE COURT: You've discussed this with your attorney?

THE DEFENDANT: Yes, I have.

THE COURT: And you're agreeing to proceed by way of

a stipulated bench trial because, after discussing it with

him, you think it's the best thing for you to do?

THE DEFENDANT: Yes, sir.

THE COURT: Do you have any --

THE DEFENDANT: Yes, your Honor.

THE COURT: -- questions for the Court about what

you're doing?

THE DEFENDANT: No.

THE COURT: I want to go over a few things with you

before we proceed to assure myself that you understand what

you're doing here today.

First, please state your full name.

THE DEFENDANT: Dimitris Terry.

THE COURT: And where were you born, sir?

THE DEFENDANT: Chicago, Illinois.

THE COURT: How old are you?

THE DEFENDANT: 42 years old.

THE COURT: And how far did you go in school?

THE DEFENDANT: Finished high school, a couple of

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semesters of college.

THE COURT: So you read and write the English

language, correct?

THE DEFENDANT: Yes, your Honor.

THE COURT: Have you been treated recently for any

mental illness or addiction to narcotic drugs of any kind?

THE DEFENDANT: No, I haven't.

THE COURT: Are you right now under the influence of

any drugs, medication, or alcoholic beverages of any kind?

THE DEFENDANT: No, I'm not.

THE COURT: Count One of the second superseding

indictment alleges that beginning in -- at least as early as

in or about the summer of 2011 and continuing to on or about

December 21, 2011, at Chicago, in the Northern District of

Illinois, Eastern Division, and elsewhere, Andre Garcia, Jr.,

and Dimitris Terry did conspire with each other and others

known and unknown to the grand jury to knowingly and

intentionally possess with intent to distribute and to

distribute a controlled substance, namely, one kilogram or

more of a mixture and a substance containing a detectable

amount of heroin, a Schedule I controlled substance, in

violation of Title 21, United States Code, Section 841(a)(1)

and 846; and that during the commission of the offense, you

committed the offense while on release pursuant to 18, United

States Code, Chapter 207, in violation of 18, United States

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Code, Section 3147.

Is that the offense to which you are proceeding to

trial on today, sir?

THE DEFENDANT: Yes, it is.

THE COURT: Now, a stipulation between attorneys is

nothing more than an agreement by the attorneys that the Court

can consider the facts being stipulated to as true for

purposes of the trial.

The stipulation you've entered into stipulates that

certain witnesses would testify to certain evidence; and by

stipulating to that, the attorneys are stipulating that I may

consider that those witnesses would indeed have testified to

that if you had gone to a trial.

Do you understand that?

THE DEFENDANT: Yes, sir.

THE COURT: You are agreeing then that the

stipulation that has been entered into between the attorneys

may be considered by me in deciding whether you are guilty or

innocent of Count One of the second superseding indictment,

correct?

THE DEFENDANT: Yes, your Honor.

THE COURT: The offense in Count One of the second

superseding indictment is a felony offense; and because of

that, if, after reviewing the stipulation and considering it,

I were to find you guilty, this may deprive you in the future

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of valuable civil rights in addition to any sentence that I

might impose, such as the right to vote, the right to hold

public office, the right to serve on a jury, and the right to

possess any kind of a firearm.

Do you understand that?

THE DEFENDANT: Yes, your Honor.

THE COURT: Will the assistant United States attorney

inform, for the record, the defendant of the maximum penalty

he faces if convicted of Count One of the second superseding

indictment.

MR. SALIB: Yes, your Honor. The maximum penalty

under this charge is ten years -- sorry -- life imprisonment

with a statutory mandatory minimum of ten years; up to a

$10 million fine; a minimum of five years and up to life of

supervised release; and a $100 special assessment.

In addition, your Honor, because the defendant

committed this offense while on release pursuant to the

section stated in the stipulation, he's subjected to an

additional maximum of ten years imprisonment consecutive to

the sentence imposed on the Count One, the conspiracy charge.

THE COURT: So there's actually a mandatory minimum

of 20 years?

MR. SALIB: No. There's a mandatory minimum of ten.

Any sentence in addition, because of the release violation,

could be up to ten years additional; but there's no mandatory

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minimum. But whatever sentence your Honor imposes has to be

consecutive to the first sentence.

THE COURT: Right. But -- and the first sentence

contains a mandatory minimum of ten years?

MR. SALIB: That's correct.

THE COURT: So effectively the sentence would be

20 years mandatory minimum in this case because of his having

taken a plea -- that he -- or because he did this while he was

on supervised release?

MR. SALIB: If your Honor would sentence the

defendant to an additional ten years for committing it while

on release, that would be 20. But your Honor's discretion on

the second portion can be zero to ten years.

MR. BRINDLEY: It would be -- it doesn't have to be

ten years. It's --

THE COURT: Understood.

MR. BRINDLEY: It's not mandatory I think is what

we're saying.

MR. SALIB: Correct.

THE COURT: Understood. Okay.

I want to make sure you understand, sir, that by

agreeing to proceed in the manner of a stipulated bench trial,

you're going to be giving up certain constitutional and

statutory rights that you have.

Under the Constitution and laws of the United States,

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you have the right to have your case heard and decided by a

jury of 12 persons. Both you and your attorney would be able

to participate in selecting the jury of 12 people. And in

order to convict you, that jury would have to unanimously

agree that the government had proven you guilty beyond a

reasonable doubt. If you agree to proceed in the manner of a

stipulated bench trial, you are giving up your right to a jury

trial. There will be no jury and there will be no verdict.

Do you understand that?

THE DEFENDANT: Yes, your Honor.

THE COURT: In addition, in a criminal case, you also

have the right to see and hear all of the witnesses who will

testify against you and to have them cross-examined in your

defense. By agreeing to a stipulated bench trial, that means

there will be no witnesses, there will be no crossexamination, and I will decide this case solely on the

stipulated testimony that is contained in the stipulation that

your attorney and the government have entered into.

Do you understand that?

THE DEFENDANT: Yes, your Honor.

THE COURT: Do you understand then by agreeing to

proceed in a stipulated bench trial, you're going to be

allowing me to decide, based upon that stipulation, whether

you are guilty or not guilty?

Do you understand that?

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THE DEFENDANT: Yes, your Honor.

THE COURT: Very well. I have before me here a

document entitled waiver of a jury trial. It contains your

signature and that of your attorney. Before signing this

document, did you review it with your attorney?

THE DEFENDANT: Yes, your Honor.

THE COURT: And you are satisfied you understand what

it means?

THE DEFENDANT: Yes.

THE COURT: Okay. How do you wish to proceed? Will

there be anything other than the stipulation?

MR. SALIB: It will be just the stipulation, your

Honor.

MR. BRINDLEY: Correct, your Honor.

MR. SALIB: And at this time, the government would

mark and move that stipulation into evidence as signed and

executed.

MR. BRINDLEY: Agreed.

MR. SALIB: With that stipulation, your Honor, the

government rests.

THE COURT: Defense?

MR. BRINDLEY: Defense will present no evidence, your

Honor.

THE COURT: Very well. The Court has reviewed the

stipulation. I find that it contains uncontroverted evidence

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in support of each of the essential elements of the offense as

described in Count One of the second superseding indictment;

that the stipulated-to testimony is believable and reasonable,

uncontroverted; and based upon that, I find the defendant

guilty of Count One of the second superseding indictment.

We need a date for sentencing then.

MR. BRINDLEY: Your Honor, I think the sentencing

will be rather lengthy. I think there's going to be a

significant dispute over the quantity and some issues. So for

your Honor's scheduling purposes, it's not going to be quick.

THE COURT: Okay.

THE CLERK: October 30th at 10:30.

MR. SALIB: Your Honor, I'm on trial that entire

week. If we could have the following?

THE CLERK: I'm sorry. And the following week?

MR. SALIB: No, just -- if we could have the

following week.

THE CLERK: We're on trial that week.

November 11th.

MR. SALIB: Holiday.

THE CLERK: That's a holiday. Sorry.

November 10th.

MR. SALIB: That's fine for the government, your

Honor.

MR. BRINDLEY: That's fine for the defense, your

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Honor.

THE CLERK: 10:30.

THE COURT: Okay. That will be the sentencing. If

you're going to have witnesses, I'd like to know beforehand.

MR. SALIB: Very well.

MR. BRINDLEY: Yes, your Honor.

THE COURT: Okay. That will be all. Thank you.

MR. BRINDLEY: Thank you.

MR. SALIB: Thank you, Judge.

(Which were all the proceedings heard.)

* * * * *

I certify that the foregoing is a correct transcript from the

record of proceedings in the above-entitled matter.

/s/ Nancy C. LaBella May 15, 2018

Official Court Reporter

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