1 IN THE UNITED STATES DISTRICT COURT

 2 FOR THE MIDDLE DISTRICT OF ALABAMA

 3 NORTHERN DIVISION

 4

 5 UNITED STATES OF AMERICA

 6 vs. CASE NO.: 2:06cr198-WKW

 7 RONALD McQUEEN,

 8 Defendant.

 9

 10

 11

 12 * * * * * * * * * * *

 13 CHANGE OF PLEA PROCEEDINGS

 14 * * * * * * * * * * *

 15 BEFORE THE HONORABLE CHARLES S. COODY, UNITED STATES 

 16 MAGISTRATE JUDGE, at Montgomery, Alabama, on Thursday, 

 17 December 28, 2006, commencing at 10:50 a.m. 

 18 APPEARANCES:

 19 FOR THE GOVERNMENT: Ms. Tommie Brown Hardwick

Assistant United States Attorney

 20 OFFICE OF THE UNITED STATES ATTORNEY

One Court Square, Suite 201

 21 Montgomery, Alabama 36104

 22 FOR THE DEFENDANT: Ms. Susan Graham James, Attorney at Law

SUSAN G. JAMES & ASSOCIATES

 23 600 South McDonough Street

Montgomery, Alabama 36104

 24

Proceedings reported stenographically; 

 25 transcript produced by computer.

 RISA L. ENTREKIN, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. District Court, One Church Street, Montgomery, AL 36104 

334-240-2405 

1

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 1 (The following proceedings were heard before the Honorable 

 2 Charles S. Coody, United States Magistrate Judge, at 

 3 Montgomery, Alabama, on Thursday, December 28, 2006, 

 4 commencing at 10:50 a.m.:)

 5 (Defendant present)

 6 THE COURT: Before we proceed, Ms. Graham, as I 

 7 understand it, there is no plea agreement in this case; is that 

 8 correct?

 9 MS. JAMES: That's correct.

 10 MS. HARDWICK: That's correct, Your Honor.

 11 THE COURT: All right. But I also understand that this 

 12 plea is going to be entered with respect to reserving 

 13 Mr. McQueen's right to appeal the suppression issue?

 14 MS. JAMES: Judge, that's not an agreement that we 

 15 had. That's certainly something that I have explored, because I 

 16 looked at the rules today. That's something that we would have 

 17 liked to have done. But the way I read the rules, I don't think 

 18 by entering the guilty plea -- I think we have to have 

 19 concurrence with the government.

 20 MS. HARDWICK: There is no agreement on that.

 21 THE COURT: All right. Mr. McQueen, for the purpose of 

 22 entering a plea, you must be placed under oath. If you will 

 23 please raise your right hand and be sworn.

 24 (The defendant is sworn)

 25 THE COURT: Mr. McQueen, let me remind you now that you 

2

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 1 are under oath, should you answer falsely any of the questions 

 2 put to you during this proceeding, those answers can later be 

 3 used against you in a prosecution for perjury or for making a 

 4 false statement. Do you understand that?

 5 THE DEFENDANT: Yes, sir.

 6 THE COURT: What is your full name?

 7 THE DEFENDANT: Ronald James McQueen.

 8 THE COURT: And how old are you?

 9 THE DEFENDANT: 23.

 10 THE COURT: How far have you gone in school?

 11 THE DEFENDANT: Eighth grade, but I got my GED, though.

 12 THE COURT: All right. Mr. McQueen, have you recently 

 13 been treated for any mental illness or addiction to narcotic 

 14 drugs?

 15 THE DEFENDANT: No, sir.

 16 THE COURT: Are you currently under the influence of 

 17 any drugs, medicine, pills, or alcoholic beverage?

 18 THE DEFENDANT: No, sir.

 19 THE COURT: Mr. McQueen, you have the right to have the 

 20 next higher ranking judge conduct these proceedings. I'm a 

 21 United States magistrate judge. The judge next higher in rank 

 22 is the district judge. And you have the right to have the 

 23 district judge both conduct these proceedings and to adjudicate 

 24 your guilt based on your guilty plea; however, you may consent 

 25 to my handling those matters this morning. Have you and 

3

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 1 Ms. Graham talked about that?

 2 THE DEFENDANT: Yes, sir.

 3 THE COURT: And you've signed already the consent 

 4 form. Does that signature indicate that you consent to my 

 5 handling these matters?

 6 THE DEFENDANT: Yes, sir.

 7 THE COURT: All right. Mr. McQueen, have you received 

 8 a copy of the indictment returned against you in this case? 

 9 That's the written charges.

 10 THE DEFENDANT: Uh-huh. Yes, sir.

 11 THE COURT: All right. And have you had time to 

 12 discuss the charges against you with Ms. Graham, your lawyer?

 13 THE DEFENDANT: Yes, sir.

 14 THE COURT: Do you --

 15 MS. JAMES: Excuse me. For the record, Ms. James.

 16 THE COURT: Ms. James. I'm sorry.

 17 MS. JAMES: That's my middle name.

 18 THE COURT: Why would I do that?

 19 MS. JAMES: Because that's my middle name and --

 20 THE COURT: That is your middle name.

 21 MS. JAMES: -- it appears on the -- 

 22 THE COURT: I apologize.

 23 MS. JAMES: That's okay.

 24 THE COURT: Ms. James.

 25 MS. JAMES: I didn't want it to somewhere down the road 

4

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 1 say he didn't have his lawyer with him.

 2 THE COURT: It's just my senility.

 3 Have you had a full, complete opportunity to discuss 

 4 the charges against you with Ms. James, your lawyer?

 5 THE DEFENDANT: Yes, sir.

 6 THE COURT: And do you understand the charges?

 7 THE DEFENDANT: Yes, sir.

 8 THE COURT: Has anyone made any promise to you to get 

 9 you to plead guilty in this case?

 10 THE DEFENDANT: No, sir.

 11 THE COURT: Mr. McQueen, you need to understand that 

 12 even if the sentence ultimately imposed on you is more severe 

 13 than the sentence you expect, you will not have any right to 

 14 withdraw your guilty plea. Do you understand that?

 15 THE DEFENDANT: Yes, sir.

 16 THE COURT: Has anyone attempted in any way to force 

 17 you to plead guilty in this case?

 18 THE DEFENDANT: No, sir.

 19 THE COURT: All right. The offense to which you are 

 20 entering a guilty plea, which is the single count in the 

 21 indictment -- correct, Ms. James?

 22 MS. JAMES: Yes, sir.

 23 THE COURT: -- which is that you knowingly and 

 24 intentionally possessed with intent to distribute approximately 

 25 500 grams or more of a substance containing a detectable amount 

5

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 1 of cocaine hydrochloride, is a felony offense. And upon 

 2 conviction of that offense, you may be deprived of valuable 

 3 civil rights, such as the right to vote, the right to hold 

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

 5 possess any kind of firearm. Do you understand that?

 6 THE DEFENDANT: Yes, sir.

 7 THE COURT: The maximum punishment for this offense, 

 8 Mr. McQueen, is a term of imprisonment of not less than ten 

 9 years nor more than life, a fine of not more than $4 million, or 

 10 both the fine and the imprisonment. Upon release from any 

 11 imprisonment, you would be subject to a period of supervised 

 12 release of not less than eight years. And you would be required 

 13 to pay a $100 assessment fee to the Court. Do you understand 

 14 the maximum punishment for this offense?

 15 THE DEFENDANT: Yes, sir.

 16 THE COURT: Mr. McQueen, if sentenced to a term of 

 17 imprisonment and later placed on supervised release, should you 

 18 violate the conditions of supervised release, you can be given 

 19 additional time in prison. Do you understand that?

 20 THE DEFENDANT: Yes, sir.

 21 THE COURT: Now, have you and Ms. James talked about 

 22 the sentencing guidelines and how they will apply in and affect 

 23 your case?

 24 THE DEFENDANT: Yes, sir.

 25 THE COURT: Even though the sentencing guidelines are 

6

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 1 no longer mandatory, Mr. McQueen, they remain an important 

 2 factor which the court must and will consider in imposing a 

 3 sentence on you. Do you understand that?

 4 THE DEFENDANT: Yes, sir.

 5 THE COURT: Mr. McQueen, if sentenced to a term of 

 6 imprisonment, you will not be released on parole, because parole 

 7 has been abolished in the federal system. Do you understand 

 8 that?

 9 THE DEFENDANT: Yes, sir.

 10 THE COURT: Mr. McQueen, you need to also understand 

 11 that after sentence is imposed on you, not only would you have 

 12 the right to appeal any sentence, but that the government also 

 13 could appeal a sentence imposed on you. Do you understand that?

 14 THE DEFENDANT: Yes, sir.

 15 THE COURT: Mr. McQueen, to this charge, you have the 

 16 right to plead not guilty and to persist in that plea. You 

 17 would then have the right to a trial by jury at which you would 

 18 be presumed innocent and the government would be required to 

 19 prove beyond a reasonable doubt your guilt. At that trial, you 

 20 would have the right to the assistance of counsel for your 

 21 defense, the right to see and hear all witnesses and have them 

 22 cross-examined in your defense. You would have the right on 

 23 your own part to decline to testify unless you voluntarily 

 24 elected to do so in your defense, and you would have the right 

 25 to issue subpoenas to compel witnesses to come to court to 

7

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 1 testify in your defense. Mr. McQueen, do you understand your 

 2 right to a trial and the other rights I've explained to you?

 3 THE DEFENDANT: Yes, sir.

 4 THE COURT: Mr. McQueen, at that trial, if you decided 

 5 to not testify or to not introduce any evidence, those facts 

 6 could not be used against you. Do you understand that?

 7 THE DEFENDANT: Yes, sir.

 8 THE COURT: Mr. McQueen, by pleading guilty to this 

 9 charge, you are giving up your right to a trial and the other 

 10 rights that I've mentioned to you. There will be no trial of 

 11 any kind. And based solely on your guilty plea, the court will 

 12 find you guilty and later impose sentence on you. Do you 

 13 understand that?

 14 THE DEFENDANT: Yes, sir.

 15 THE COURT: At a trial on this charge, Mr. McQueen, the 

 16 government would be required to prove beyond a reasonable doubt 

 17 that you knowingly and intentionally possessed cocaine 

 18 hydrochloride or a mixture of a substance containing at least 

 19 500 grams or more of cocaine hydrochloride and that you 

 20 possessed that substance with the intent to distribute it -- 

 21 that means to in any way pass it along to some other person -- 

 22 and that you did so knowingly. Do you understand what the 

 23 government would be required to prove beyond a reasonable doubt 

 24 at a trial in this case?

 25 THE DEFENDANT: Yes, sir.

8

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 1 MS. HARDWICK: Your Honor, may the government 

 2 interrupt? The indictment also charges that Mr. McQueen 

 3 possessed marijuana. The government would have to also --

 4 THE COURT: Was there a superseding indictment?

 5 MS. HARDWICK: No, Your Honor. It just states and 

 6 marijuana, a Schedule I controlled substance.

 7 THE COURT: Oh, it does. You're right. I misread it.

 8 The government would also be required, Mr. McQueen, to 

 9 prove beyond a reasonable doubt that you possessed marijuana 

 10 with the intent to distribute that substance and that you did so 

 11 knowingly. Do you understand there what the government would 

 12 also be required to prove?

 13 THE DEFENDANT: Yes, sir.

 14 THE COURT: All right. Before I can accept your guilty 

 15 plea, I must be satisfied that there is a factual basis for it. 

 16 Who wishes to ask him the questions to establish that?

 17 MS. HARDWICK: The government will, Your Honor.

 18 THE COURT: Thank you.

 19 MS. HARDWICK: Mr. McQueen, on July 27, 2006, were you 

 20 in Montgomery County on Cherry Street driving a Saturn 

 21 automobile?

 22 THE DEFENDANT: Yes, ma'am.

 23 MS. HARDWICK: And were you stopped by law enforcement 

 24 officers on that day?

 25 THE DEFENDANT: Yes, ma'am.

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 1 MS. HARDWICK: Were you in the possession of cocaine 

 2 hydrochloride?

 3 THE DEFENDANT: Yes, ma'am.

 4 MS. HARDWICK: On the floorboard of the car?

 5 THE DEFENDANT: Yes, ma'am.

 6 MS. HARDWICK: Subsequent after that stop, Mr. McQueen, 

 7 was -- were two residences searched, one at 8833 Ashland Park 

 8 Drive and the other at 2220, I believe, Windsor Avenue, where 

 9 further marijuana and cocaine hydrochloride were found?

 10 THE DEFENDANT: Yes, ma'am.

 11 MS. HARDWICK: A total -- Mr. McQueen, were you in 

 12 possession of over 500 grams of cocaine hydrochloride, which is 

 13 a mixture of powder cocaine?

 14 THE DEFENDANT: Yes, ma'am.

 15 MS. HARDWICK: In addition, were you in possession of 

 16 over 2,000 grams of marijuana?

 17 THE DEFENDANT: Yes, ma'am.

 18 MS. HARDWICK: Your Honor, there were other items, but 

 19 they were not charged in the indictment.

 20 And did that happen in the Middle District of Alabama?

 21 THE DEFENDANT: Yes, ma'am.

 22 THE COURT: That happened in Montgomery County?

 23 THE DEFENDANT: (Nods head)

 24 MS. JAMES: Yes, sir.

 25 THE COURT: All right. Is the government satisfied?

10

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 1 MS. HARDWICK: Yes, Your Honor.

 2 THE COURT: The defense?

 3 MS. JAMES: Yes.

 4 THE COURT: Mr. McQueen, I've told you the rights that 

 5 you have and the rights that you give up by pleading guilty to 

 6 this charge as contained in count one of the indictment. Do you 

 7 still desire to plead guilty to that charge?

 8 THE DEFENDANT: Yes, sir.

 9 THE COURT: Mr. McQueen, to count one of the 

 10 indictment, how do you plead?

 11 THE DEFENDANT: Guilty.

 12 THE COURT: Mr. McQueen, the Court finds that you are 

 13 fully competent and capable of entering an informed plea, that 

 14 you are aware of the nature of the charge against you and the 

 15 consequences of your plea. I further find that your plea of 

 16 guilty is a knowing and voluntary plea supported by an 

 17 independent basis in fact containing each of the essential 

 18 elements of the offense. The Court therefore accepts your plea 

 19 and you are now adjudged guilty of count one of the indictment.

 20 You will remain in custody pending further proceedings 

 21 in this court.

 22 Anything further?

 23 MS. HARDWICK: No, Your Honor.

 24 THE COURT: Thank you, counsel. Have a happy New Year.

 25 MS. HARDWICK: You too, Your Honor.

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 1 (Proceedings concluded at 11:01 a.m.)

 2 * * * * * * * * * * *

 3 COURT REPORTER'S CERTIFICATE

 4 I certify that the foregoing is a correct transcript 

 5 from the record of proceedings in the above-entitled matter.

 6 This 8th day of June, 2007.

 7

 8 /s/ Risa L. Entrekin

Registered Diplomate Reporter 

 9 Certified Realtime Reporter

Official Court Reporter

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 RISA L. ENTREKIN, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. District Court, One Church Street, Montgomery, AL 36104 

334-240-2405 

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