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September 24, 2014

USA v Kai Xu - Case No. 14-30493

1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

-v- Case No. 14-30493

KAI XU,

Defendant.

____________________________________/

INITIAL APPEARANCE

BEFORE THE HONORABLE DONALD SCHEER

UNITED STATES DISTRICT JUDGE

WEDNESDAY, SEPTEMBER 24, 2014

APPEARANCES:

For the Plaintiff: Michael Bullotta

United States Attorney's Office

211 West Fort Street, Suite 2001

Detroit, Michigan 48226

For the Defendant:

For Pretrial

Services:

In pro per

Maureen Shock

To Obtain a Certified Transcript Contact:

Jeseca C. Jacobs, RMR, CRR, FCRR

Federal Official Court Reporter

Theodore Levin United States Courthouse

231 West Lafayette Boulevard - Detroit, Michigan 48226

(313) 502-7580

5:14-cr-20804-JCO-DRG Doc # 12 Filed 10/15/14 Pg 1 of 8 Pg ID 92
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September 24, 2014

USA v Kai Xu - Case No. 14-30493

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I N D E X

Initial Appearance Page

Proceedings..................................3

Certificate of Reporter......................8

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September 24, 2014

USA v Kai Xu - Case No. 14-30493

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P R O C E E D I N G S

THE CASE MANAGER: Court calls case number 14-30493,

United States of America vs Kai Xu.

MR. BULLOTTA: Good afternoon, your Honor. Michael

Bullotta for the United States.

THE COURT: Good afternoon. This is an initial

appearance?

MR. BULLOTTA: Yes, your Honor.

THE COURT: You are Kai Xu?

THE DEFENDANT: Yes, I am, Honor.

THE COURT: Sir, you're before the Court charged in a

criminal complaint with smuggling goods from the United

States, trading in specimens contrary to the Convention on the

International Trade in Endangered Species of Wild Fauna and

Flora. You need not -- and also you are charged with

exporting fish and wild life in violation of US law.

You need not make a statement or answer any question.

Anything that you do say can be used against you in a court of

law. You have the right to a hearing to determine whether the

charges in the complaint are supported by probable cause. You

have the right to the assistance of a lawyer in all stages of

your case. If you can't afford a lawyer, the Court will

appoint one to represent you at Government expense.

Do you have any question about those rights?

THE DEFENDANT: Yes. Can I have my lawyer with me?

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September 24, 2014

USA v Kai Xu - Case No. 14-30493

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Can I have my lawyer speak for me?

THE COURT: Have you retained counsel or are you

seeking court-appointed counsel?

THE DEFENDANT: I don't understand. Like I have my

lawyer's contact information. Do I call my lawyer to have my

lawyer here representing me?

THE COURT: You intend to retain a private lawyer?

THE DEFENDANT: Yeah, yes, yes.

THE COURT: Yes. It will certainly be in your

interest to have your attorney present.

THE DEFENDANT: Okay.

THE COURT: What is the Government's position on

bond?

MR. BULLOTTA: Your Honor, the Government is seeking

detention. Mr. Xu, I believe, is a citizen of Canada. He

lives in Windsor. And I believe he may be a dual citizen of

China as well. I'm not certain of that fact.

So we're asking for detention and -- at least

temporary detention until it can be heard.

THE COURT: Thank you. Has pretrial services

interviewed this Defendant?

MS. SHOCK: We have not, your Honor. After the

appearance, I will take some time out to interview the

Defendant.

THE COURT: Very well. Mr. Xu, the Government is

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September 24, 2014

USA v Kai Xu - Case No. 14-30493

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seeking to have you held without bail, retained in custody

pending this case. You're entitled to a hearing on that

matter. And you should be represented at that hearing.

Can you estimate how long it will be for your lawyer

to make himself or herself available to you?

THE DEFENDANT: I have to call him. I'm not quite

sure. Because the chamber close at 3:30 and I just have to

call his chamber. I don't know -- the lawyer's not my

personal lawyer, it's just like a lawyer that I know.

THE COURT: Is this an attorney in the United States

or --

THE DEFENDANT: No, he's in Windsor.

THE COURT: He's in Windsor.

THE DEFENDANT: I have his contact card.

THE COURT: Is he licensed to practice in the United

States?

THE DEFENDANT: What's that?

THE COURT: Is he licensed to practice in the United

States?

THE DEFENDANT: I have to ask that question. I have

to ask, yeah.

THE COURT: Very well. I am going to set the matter

for tomorrow at one o'clock. If your attorney cannot be

present or is not qualified to represent you, I will then

consider appointing an attorney and we'll adjourn the hearing

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September 24, 2014

USA v Kai Xu - Case No. 14-30493

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until you've had a chance to prepare. But it is essential for

your interest that you be represented.

Is there someone that you know that could be

contacted to help you reach your attorney?

MS. SHOCK: I can attempt to assist the Defendant,

your Honor, if he'd like.

THE COURT: If you provide the number --

THE DEFENDANT: I have that number.

THE COURT: -- the pretrial services officer will

contact that lawyer.

THE DEFENDANT: Thank you. Thank you, very much, for

the help.

THE COURT: And I'm going to have you brought back

tomorrow at one o'clock. If your attorney is present, we'll

proceed. If your attorney is not available or is not

qualified to practice before the Court, we will address the

issue of appointed counsel.

THE DEFENDANT: Thank you, very much. And also, my

Honor, I was just wondering like during this time before

tomorrow at 1:00 PM. So can I contact -- can I talk to my

parents or -- because I have a test, I have a quiz on Friday

at school. And this is my last year of electrical

engineering. I study at the University of Waterloo.

So I'm saying like it's very important, my last term.

So like I'm just wondering so I'll be staying here before --

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USA v Kai Xu - Case No. 14-30493

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THE COURT: You will be retained in the marshals'

custody, that's correct.

THE DEFENDANT: Okay.

THE COURT: So the pretrial services officer will

help you to contact the attorney whose name and number you

have or a family member if you can provide a number. I would

strongly recommend that you make arrangements to have family

or friends, someone supporting your interest, present

tomorrow.

THE DEFENDANT: So me, I can have my parents here, my

girlfriend here?

THE COURT: Your parents or friends may attend the

session of court. It's a public court.

THE DEFENDANT: Okay. And also can I have my

girlfriend to visit me during this time?

THE COURT: Well, I doubt that there's going to be

much opportunity for visiting with your girlfriend between now

and tomorrow at one o'clock.

THE DEFENDANT: Because my parents are not here.

They're in China. So my girlfriend is the only person here

that I can --

THE COURT: Tell the officer who she is and how she

can be reached. She can come to the public court and --

THE DEFENDANT: Thank you, my Honor. Thank you, very

much.

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September 24, 2014

USA v Kai Xu - Case No. 14-30493

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THE COURT: An order of temporary detention pending

the hearing.

MR. BULLOTTA: Thank you.

(Proceedings Concluded)

- - -

CERTIFICATE OF OFFICIAL COURT REPORTER

I, Jeseca C. Jacobs, Federal Official Court Reporter,

in and for the United States District Court Eastern District of

Michigan, appointed pursuant to provisions of Title 28, United

States Code, Section 753, do hereby certify the foregoing 8

pages are a true and correct transcript of the proceedings had

in the matter of UNITED STATES OF AMERICA versus KAI XU,

Case No. 14-30493 held on September 24, 2014.

S/ JESECA C. JACOBS October 8, 2014

Jeseca C. Jacobs, RMR, CRR, FCRR Date

Federal Official Court Reporter

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