1

 1 UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

 2 LUBBOCK DIVISION

 3 UNITED STATES OF AMERICA, )

Government, )

 4 ) 

VS. ) CAUSE NO. 5:22-CR-099-H

 5 )

J. NICHOLAS BRYANT, a/k/a )

 6 J. Nicholas Newton Bryant, )

Defendant. )

 7

 8 -----------------------------------------------------

 9 SENTENCING HEARING

 BEFORE THE HONORABLE JAMES WESLEY HENDRIX

10 UNITED STATES DISTRICT JUDGE

11 MARCH 9, 2023

LUBBOCK, TEXAS

12

-----------------------------------------------------

13

14 A P P E A R A N C E S

15 FOR THE GOVERNMENT: 

UNITED STATES ATTORNEY'S OFFICE

16 1205 TEXAS AVENUE, SUITE 700

LUBBOCK, TEXAS 79401

17 BY: ANN HOWEY

18

FOR THE DEFENDANT: 

19 FEDERAL PUBLIC DEFENDER'S OFFICE

1205 TEXAS AVENUE, SUITE 506

20 LUBBOCK, TEXAS 79401

BY: DAVID E. SLOAN

21

22

23

FEDERAL OFFICIAL COURT REPORTER: MECHELLE DANIEL, 1205 TEXAS 

24 AVENUE, LUBBOCK, TEXAS 79401, (806) 744-7667. PROCEEDINGS 

RECORDED BY MECHANICAL STENOGRAPHY; TRANSCRIPT PRODUCED BY 

25 COMPUTER-AIDED TRANSCRIPTION.

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 1 of 53 PageID 263
 2

 1 INDEX

 2

 3 DEFENDANT'S FIRST OBJECTION TO PRESENTENCE REPORT...... 5

 4 GOVERNMENT'S RESPONSE.................................. 8

 5 COURT'S RULING ON OBJECTION............................ 11

 6 DEFENDANT'S SECOND OBJECTION TO PRESENTENCE REPORT..... 12

 7 DEFENDANT'S THIRD OBJECTION TO PRESENTENCE REPORT...... 15

 8 GOVERNMENT'S RESPONSE.................................. 17

 9 GOVERNMENT'S EXHIBITS ADMITTED......................... 18

10 COURT'S RULING ON OBJECTIONS........................... 19

11 ALLOCUTION.............................................. 33

12 DEFENDANT'S SENTENCING EVIDENCE/ARGUMENT................ 35

13 GOVERNMENT'S SENTENCING EVIDENCE/ARGUMENT............... 38

14 SENTENCING FACTORS...................................... 43

15 SENTENCE BY THE COURT................................... 48

16 RIGHT TO APPEAL......................................... 51

17 OBJECTION TO SENTENCE................................... 52

18

19

20

21 * * * * *

22

23

24

25

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 2 of 53 PageID 264
 3

 1 P R O C E E D I N G S

 2 THE COURT: The Court calls the first case on the 

 3 criminal docket, United States vs. J. Nicholas Bryant, 

 4 Case 5:22-CR-099-1. 

 5 Who is here on behalf of the defendant? 

 6 MR. SLOAN: David Sloan on behalf of Mr. Bryant. 

 7 We're present and ready.

 8 THE COURT: Thank you, Mr. Sloan. 

 9 And for the United States? 

10 MS. HOWEY: Good morning, Your Honor. Ann Howey 

11 for the United States. Ready to proceed.

12 THE COURT: Thank you, Ms. Howey. 

13 Mr. Bryant, good morning. 

14 THE DEFENDANT: Good morning. How are you? 

15 THE COURT: Good. Please tell me your full name. 

16 THE DEFENDANT: J. Nicholas Newton Bryant.

17 THE COURT: Mr. Bryant, let's talk about your case 

18 for a second and how we got here today. 

19 You previously appeared before Magistrate Judge 

20 Bryant back in November. You pled guilty to Count 1 of the 

21 information charging you with one count of wire fraud. 

22 Judge Bryant found that your guilty plea was 

23 knowing and voluntary and supported by a sufficient factual 

24 basis, so he recommended that I accept your plea, and I did. 

25 On December 2nd, I entered an order accepting your plea and 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 3 of 53 PageID 265
 4

 1 adjudging you guilty of the crime alleged against you.

 2 Now, Mr. Bryant, I know this is the first time that 

 3 you and I are actually seeing each other during this process, 

 4 but I want you to know I'm very familiar with your case. The 

 5 Court has read all the materials submitted by both sides, and 

 6 I'm ready to proceed today. Okay?

 7 THE DEFENDANT: Yes, sir.

 8 THE COURT: Mr. Sloan, have you had an opportunity 

 9 to read the presentence report and its addenda and discuss 

10 those with your client? 

11 MR. SLOAN: I have, Your Honor.

12 THE COURT: Mr. Bryant, have you had an opportunity 

13 to read your presentence report and its addenda and discuss 

14 those with your attorney?

15 THE DEFENDANT: Yes, sir.

16 THE COURT: You understand we're here so I can 

17 decide what sentence to impose?

18 THE DEFENDANT: Yes, sir.

19 THE COURT: All right. Mr. Bryant, I'm going to 

20 ask you to take a seat at counsel table. I am-- Before you do 

21 that, let me just explain what's going to happen. I'm going to 

22 resolve some objections to the presentence report. I need to 

23 decide what is the appropriate advisory guideline range before 

24 we move on. I'm going to hear from both attorneys. I'll make 

25 that decision. Once that is decided, I'll bring you back up; 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 4 of 53 PageID 266
 5

 1 I'll from you; I'll hear from your attorney and the government 

 2 about what they think a reasonable sentence will be. Okay?

 3 THE DEFENDANT: Yes, sir.

 4 THE COURT: All right. Have a seat, sir.

 5 All right. Mr. Sloan, you have filed many 

 6 objections to the presentence report. I am familiar with them. 

 7 I have read the government's response and the probation 

 8 officer's multiple addenda. 

 9 We can go one at a time. If you don't want to be 

10 heard on all of them, we can go only on the ones you want to be 

11 heard. So it's dealer's choice this morning. Are there any 

12 that you want to be heard on? And if the answer is all of 

13 them, that's fine. We'll just dig through them. 

14 MR. SLOAN: Well, I think, Judge, I prepared sort 

15 of a summary of our position on the objections--

16 THE COURT: Go ahead.

17 MR. SLOAN: --at this point. 

18 Basically, my objections sort of fall into three 

19 categories. One is the--whether or not the position of trust 

20 enhancement should be applied, and then the loss amount. Those 

21 are the two that affect the guidelines. 

22 And then there's a third objection that sort of 

23 relates to the origin of the comparisons of Mr. Bryant to 

24 Anna--Inventing Anna and Frank Abagnale. That objection is--

25 I do want to talk a little bit about that, but not much, just 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 5 of 53 PageID 267
 6

 1 kind of explain how I got to that point. 

 2 In regard to the abuse of a position of trust, I 

 3 would note that at the time that these frauds were committed, 

 4 Mr. Bryant was twenty-three and twenty-four years of age. 

 5 There's three types of fraud: writing hot checks, a 

 6 misrepresentation that Mr. Bryant was a business executive or a 

 7 son of an oil tycoon or an employee of an oil company, and then 

 8 there's the-- That's in relation to the attempt to reopen an 

 9 oil well. And then there's the--sort of the grabbing of luxury 

10 items by pretending to be an oil company executive.

11 His misrepresentatives in regard to hot checks 

12 were, the money was there when it wasn't. That's not an abuse 

13 of a position of trust; that's just lying. His representations 

14 that he was a business executive or a tycoon all related 

15 basically to saying, I have money; I have the resources to do 

16 this; I have a company behind me; that's how we're going to 

17 reopen this oil well. 

18 He did not set himself out to have special 

19 expertise, like an investment advisor or an attorney or a 

20 doctor. He basically--all of his misrepresentations were, "I 

21 have resources" or "I have wealth" that he didn't have.

22 And then that's sort of the same situation with the 

23 luxury--theft of the luxury things. He basically held himself 

24 out to be a person with money. He said, I'm an employee of 

25 X company or Y company. Sometimes the company was invented; 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 6 of 53 PageID 268
 7

 1 sometimes it was a real company that he pretended to be part 

 2 of. But his position in those companies was not one of any 

 3 specialized expertise. He's basically saying, "I have the 

 4 money to pay for this, and therefore, I am authorized to make 

 5 these charges," when he wasn't.

 6 And the other scheme was related to the online--the 

 7 Veem stuff, and that was just a representation through fraud, 

 8 basically a very sophisticated check-kiting scheme to where he 

 9 would say, here's a receipt from the Veem company that says 

10 you've been paid; let me fly on this charter plane, or let me 

11 shoot these animals, or let me go to a hotel or whatever. 

12 So it's our position that those misrepresentations, 

13 especially given the fact that he's obviously a young person; 

14 he doesn't have time to have accumulated the--like a CPA or 

15 that type of expertise thing--and he never held himself out 

16 that way. He just said he had money. And so it's our position 

17 that that is not an abuse of a position of trust.

18 THE COURT: Okay. So you don't dispute that 

19 imposters are appropriately enhanced with the specific offense 

20 characteristics at times, but the thing--the position that you 

21 are holding yourself out as must be a position of trust. He 

22 didn't do that, in your view. It was just part of the fraud: 

23 I'm rich; I'm going to scam you, but not I'm a CPA or I'm the 

24 investment broker or I'm the operator, I'm the X, Y, and Z.

25 MR. SLOAN: That's exactly right.

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 7 of 53 PageID 269
 8

 1 THE COURT: Okay. All right. Ms. Howey, let me 

 2 hear the government's response to this before Mr. Sloan goes 

 3 on.

 4 MS. HOWEY: Well, first, Your Honor, I would say 

 5 age really doesn't matter--

 6 THE COURT: I agree.

 7 MS. HOWEY: --when we're looking at this imposter 

 8 application.

 9 We want to look first at whether there's sufficient 

10 indicia to the victim that he held a position of trust. When 

11 we're looking at the well reopening, that answer is yes. First 

12 of all, he knew this man. It's our understanding he worked for 

13 him. This man knew he understood the oil and gas business in 

14 West Texas. 

15 He went beyond that, though, and he held himself 

16 out to own a company. It was a fictitious company. He created 

17 fictitious email addresses, a fictitious internet site, created 

18 fictitious persons--a foreman named Slade; a bookkeeper named 

19 Allison, I believe--and basically talked the talk. The man who 

20 he was scheming knew where this oil well was, or the purported 

21 oil well was. 

22 He went further. He hired other people to bring 

23 equipment to the site--

24 THE COURT: And this is J6? 

25 MS. HOWEY: Yes, Your Honor. 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 8 of 53 PageID 270
 9

 1 And he created a situation where it looked like he 

 2 did hold that position, and because he held that position-- 

 3 And, you know, as the Court knows, I spoke--or wrote in one of 

 4 the briefings that the oil and gas business is one in which 

 5 business is done on a handshake, and the defendant knew that, 

 6 and he knew how to talk the talk. He knew what a well 

 7 reopening was. He knew that this victim knew the same. He 

 8 knew that that victim would know what equipment needed to be 

 9 there. And he controlled the entire narrative. After he set 

10 up himself as an imposter, he held the entire narrative where 

11 this man trusted him--

12 THE COURT: Of course. Yeah.

13 MS. HOWEY: --and assumed he was reopening that 

14 well. And through that trust, he was able to commit his 

15 crimes.

16 THE COURT: Let me ask about-- I think the most 

17 important thing you said is that he held himself out as the 

18 owner. In the presentence report, paragraph 15, it's kind of 

19 the intro to this scheme, and it says: Bryant pretended he 

20 started a fake oil company, and then he swindled multiple 

21 people as a result. And for J6, which was what we're 

22 discussing, it says he contacted this person that he knew, and 

23 Bryant told the person that he knew that there was a job 

24 reopening a well in Levelland, and if the person would front 

25 payment to Bryant to do the work and then invoice the well 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 9 of 53 PageID 271
10

 1 operator at completion of the job-- So it's not clear to me--I 

 2 don't doubt what you're saying, but do you have evidence or am 

 3 I missing it in the PSR that he told J6, I'm the owner of this, 

 4 and therefore, I'm in this unique position, and that should 

 5 increase your trust? 

 6 I don't see that in the PSR. It doesn't mean it 

 7 didn't happen, but am I missing something? 

 8 MS. HOWEY: No, Your Honor. I do not think he held 

 9 himself out to own the well or have mineral interests or even 

10 own the property. It's my understanding that it was a 

11 situation in which whoever owned the land contacted him, and he 

12 would serve as a sort of contractor. And that happens very 

13 often in the oil and gas industry, as I'm told.

14 THE COURT: So he held himself out as a contractor/ 

15 facilitator of this larger project? 

16 MS. HOWEY: Facilitator, yes. And so you, J6, 

17 front this money; I'm going to work this job. 

18 And to Mr. Sloan's point about expertise, he was 

19 able to talk the talk. He held himself out as having expertise 

20 and knowing how to reopen that well. And so, as I said, J6 

21 fronted that money, and he stood as a contractor, and--

22 THE COURT: To hire more services, to hire people 

23 to come do work? 

24 MS. HOWEY: Hire more services. And in the end, J6 

25 would be compensated from whoever the owner was. You know, I'm 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 10 of 53 PageID 272
11

 1 not privy to the conversation--all the conversations, 

 2 obviously, or who Mr. Bryant held out to own the well or wanted 

 3 the well reopened. But his job was to facilitate and contract 

 4 all the services. He sought funding from J6, and, of course, 

 5 rather than using that money to reopen the well, as Mr.--the 

 6 owner of J6 believed, he was spending it upon himself.

 7 THE COURT: Okay. All right. I understand the 

 8 parties' positions. This is a close call in an unusual 

 9 situation. I'm going to sustain the objection. The guideline 

10 provides for a 2-level enhancement when the defendant abuses a 

11 position of private trust or uses a special skill in a manner 

12 that significantly facilitated the commission or concealment of 

13 the offense. 

14 It's difficult, because it's hard to slice between 

15 just the general fraud when a swindler is swindling and what 

16 crosses the line into representing a position of trust under 

17 the guidelines. There's no doubt that being an imposter is not 

18 a deal-breaker for the specific offense characteristic, and he 

19 was an imposter. But every case I can find, the position is 

20 some kind of unique position. So I'll just rattle a few off 

21 from the Federal Sentencing Guidelines handbook: stockbrokers, 

22 CPAs, lawyers, medical doctors, money managers, attorneys, 

23 licensed investment broker, U.S. marshal. That's a fun one.

24 I did read McConathy, where someone held themself 

25 out as an operator of a well who is out collecting investments 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 11 of 53 PageID 273
12

 1 for the well. Give me money; I'll operate this well; I'll give 

 2 you more money back. 

 3 That's essentially an investment broker, just in 

 4 the oil and gas industry. That's not exactly what was 

 5 happening here. It's close though. It is close. But 

 6 ultimately, this is just too close to just the normal fraud, 

 7 where he defrauded these folks but he didn't say, look, I'm the 

 8 X, Y, and Z in this company, and that puts me in a unique 

 9 position; you can trust me; and, therefore, give me money and 

10 I'll give you more money back. 

11 So I just don't have enough facts before me and 

12 evidence before me to justify the enhancement. So for all 

13 those reasons, it's going to be sustained.

14 All right. What's next? And so that's a 2-level 

15 reduction. Correct? 

16 MR. SLOAN: Yes, Your Honor.

17 THE COURT: Okay. All right. Go ahead.

18 MR. SLOAN: The second is in regard to the loss 

19 amount, and I have a number of objections on that. And our 

20 position has changed on one of them, the Big Shot Operator 

21 deal. The rest of them, I think, were--it's kind of the 

22 Court's call. 

23 So we have a number of hot checks, just plain old 

24 hot checks. Then we have the Veem scheme. And then we have 

25 the misrepresentation of him as different things, a rich oil 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 12 of 53 PageID 274
13

 1 tycoon or whatever. Ant it's our position just vanilla hot 

 2 checks, where he's paying an investigator and he doesn't have 

 3 the money in the account, falls outside of the scope of the 

 4 wire fraud, which is more the sophisticated stuff. That's the 

 5 Court's call to make.

 6 The second sort of category of objection is the-- 

 7 relates to the vehicle that was purchased--or fraudulently 

 8 purchased and then resold. It's our position that that's one 

 9 loss: the value of the vehicle. And it's not the loss of the 

10 two of them added together, because they still have the vehicle 

11 to reduce that loss. In this case, the loss amount is 27,000 

12 over the 3.5 million, and that transaction alone, I think, 

13 would bring it down under that.

14 In terms of the Big Shot Outfitters--and I just 

15 want to clarify what happened there. Mr. Bryant told me he had 

16 agreed to shoot a $40,000 animal and that he didn't. I was 

17 unaware that it wasn't because he changed his mind; it was 

18 because he got caught in the middle of it. And that was 

19 clarified in the response. 

20 I did look at the Big Shot Outfitters website. 

21 They do have some animals that are in the forty-thousand--they 

22 have an $80,000 water buffalo I guess you can kill. So the 

23 representation that they don't have an animal that's 40,000--

24 THE COURT: Not a deer? 

25 MR. SLOAN: Well, they had deer up to 32,000, and 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 13 of 53 PageID 275
14

 1 then there's a separate category by inch of the antler rack 

 2 that's left unspecified to where it's, like-- They go up to 

 3 32,000, and then if you want an even bigger one, the price is, 

 4 like, negotiated. So I anticipate there probably are some deer 

 5 out there that would run 40,000. 

 6 But regardless of that--

 7 THE COURT: Has your position changed on this one? 

 8 MR. SLOAN: My position on the objection has 

 9 changed--

10 THE COURT: Go ahead.

11 MR. SLOAN: --because he got a bill for 70,000 and 

12 he said it was paid, so I think 70,000 is a legitimate loss 

13 amount. 

14 THE COURT: Okay. So you're withdrawing that 

15 objection? 

16 MR. SLOAN: Withdrawing that objection. 

17 THE COURT: All right.

18 MR. SLOAN: But I wanted to explain how we got 

19 there.

20 THE COURT: I understand. You're not the first 

21 person that had a misunderstanding after a conversation with 

22 your client, and you probably won't be the last. 

23 Go ahead. That objection would have been overruled 

24 in any event. But the Big Shot Outfitters is withdrawn. What 

25 else? 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 14 of 53 PageID 276
15

 1 MR. SLOAN: That's it for the loss amount.

 2 THE COURT: Okay. All right.

 3 MR. SLOAN: And then the third one relates to the 

 4 media stuff. And the real issue in my mind is, where did this 

 5 Catch Me As You Can, Inventing Anna thing come from. And I met 

 6 with Mr. Bryant. He said, I had never heard of these people. 

 7 And we were talking about the interview. I assumed 

 8 he meant before that interview happened. And I took the 

 9 government's response back, and I said, here you are talking 

10 about Inventing Anna and Catch Me If You Can before that 

11 interview would have taken place. 

12 He says, you're the one that brought that to me. 

13 I said, I didn't bring that to you; I had never 

14 heard of Inventing Anna. 

15 He said, no, the first time you met with me. 

16 I said, no, I didn't. 

17 He said, when it was a target letter. You read the 

18 target letter to me. 

19 I looked at the target letter. It wasn't in there. 

20 What was in there, which I did read to him, was an email that I 

21 got on August 5th from the U.S. Attorney's Office. It says: 

22 David, I think you will find this Catch Me If You Can/Inventing 

23 Anna case very interesting. We're looking at over 1.5 million 

24 in intended and actual loss, in addition to very serious 

25 threats Bryant made against the mother of his child and her 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 15 of 53 PageID 277
16

 1 mother. There's quite a bit of evidence. If you'll provide us 

 2 with a drive, we can copy the discovery for you next week.

 3 That's the letter I read to him on August 5th or 

 4 shortly thereafter, my first meeting with him. And that's 

 5 where he came up with-- That's why he said he had never heard 

 6 of it before I talked to him about it.

 7 THE COURT: So you stand by your representation to 

 8 the Court in one of your objections, if--and correct me if my 

 9 memory is mistaken, but you said, my client has never heard of 

10 it before this, and so don't hold it against him that he's 

11 talking to the press and talking about this? 

12 MR. SLOAN: Right. And all of--

13 THE COURT: And you stand by that because, in your 

14 view, you read that communication from the U.S. Attorney's 

15 Office to him, and that must be where he first heard about this 

16 stuff? 

17 MR. SLOAN: I think that's right. And I don't 

18 see--I don't see a reference to Catch Me If You Can or 

19 Inventing Anna prior to August 5th, or prior to that date. So 

20 I think that is where he came up with the idea that he's like 

21 Leonardo DiCaprio or whatever. So-- And I'll address that a 

22 little more. That is--that's it for the objections.

23 THE COURT: Okay. All right. 

24 All right. Ms. Howey, would you like to be heard 

25 on any of that? 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 16 of 53 PageID 278
17

 1 MS. HOWEY: In regard to relevant conduct, we stand 

 2 on our briefing, Your Honor, and agree with the addendum.

 3 In regard to the truck, we do not see that as 

 4 double-counting. He took the truck off the first dealership; 

 5 never intended to return it. That never entered his mind. 

 6 Instead, he took it somewhere else and obtained cash and never 

 7 returned that cash. So we don't see that as double-counting. 

 8 Whether it was the first time Mr. Bryant heard of 

 9 Catch Me If You Can or Inventing Anna, somehow he learned about 

10 Leonardo DiCaprio and more about the movie and the Netflix 

11 special because the government provided the Court with a jail 

12 call where he's discussing it with glee. 

13 THE COURT: Yeah, and--

14 MS. HOWEY: And it's clear to me that-- And even 

15 if it was the first time, he enjoyed it. He revelled in the 

16 comparisons, and that's the point.

17 THE COURT: Okay. Yeah, the timing-- Thank you 

18 for the clarification, because if there was zero explanation, 

19 that would have been relevant. You have given me an 

20 explanation, and as a result, when exactly he heard about it 

21 doesn't matter to me. It's not going to affect the sentence. 

22 I don't care. How he talked about it in those jail calls, we 

23 do need to talk about. We'll get there. 

24 I assume-- So I've listened to those calls which 

25 were attached to the government's sentencing memorandum--

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 17 of 53 PageID 279
18

 1 MS. HOWEY: Yes, Your Honor. 

 2 THE COURT: --or response to the objections. Okay. 

 3 Okay. I assume the government wants to admit those 

 4 into evidence today. Is that right? 

 5 MS. HOWEY: Yes, Your Honor.

 6 THE COURT: So the two jail calls are Government's, 

 7 what, 1 and 2? 

 8 MS. HOWEY: Yes, Your Honor.

 9 THE COURT: Any other evidence? 

10 MS. HOWEY: That would be Audio 1 and 2.

11 THE COURT: Audio 1 and 2? 

12 Any other evidence that you wanted to admit today? 

13 MS. HOWEY: I would like to admit the victim impact 

14 statements from the second sentencing memorandum.

15 THE COURT: Okay. Any objection, Mr. Sloan? 

16 MR. SLOAN: No.

17 THE COURT: All of those are admitted. The 

18 government will hold onto the originals. And I have considered 

19 those victim statements, and I have listened to the calls. 

20 Okay. Let me get through these objections, and 

21 then we'll talk about communications from the defendant, okay, 

22 and the phone calls. 

23 On intended loss, the defendant objects to the 

24 inclusion of three instances--three specific instances where he 

25 wrote hot checks. The defendant asserts that he didn't 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 18 of 53 PageID 280
19

 1 represent himself as a fictitious company or use the internet 

 2 or other payment platforms, and so, in the defendant's view, 

 3 it's outside of the scope of relevant conduct. The government 

 4 and Probation disagree. 

 5 Mr. Sloan and Ms. Howey, I'm sure you've figured 

 6 out by now that the members in the jury box, obviously, they're 

 7 just students from Lubbock Christian and the law school. 

 8 There's not usually a jury in sentences, so they don't hold any 

 9 special significance other than just they are observers and 

10 they are students.

11 Okay. Relevant conduct. Under the guidelines for 

12 groupable offenses, the guidelines provide that relevant 

13 conduct includes all acts committed by the defendant that were 

14 part of the same course of conduct or common scheme or plan. 

15 You look to 3D1.2(d) to determine which offenses are groupable 

16 and which aren't. This is an offense that is under 

17 Guideline 2B1.1, wire fraud, that is a groupable offense, and 

18 so we are in the world of expanded relevant conduct. 

19 Mr. Sloan, I assume you don't disagree with any of 

20 that. Correct? 

21 MR. SLOAN: No.

22 THE COURT: Right. Okay. All right. I'm going to 

23 overrule the objection from the defendant. I do find that 

24 these acts are part and were part of the same course or conduct 

25 or common scheme or plan as the offense of conviction. Two or 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 19 of 53 PageID 281
20

 1 more offenses constitute a common scheme or plan when they are, 

 2 quote, substantially connected to each other by at least one 

 3 common factor, such as a common purpose or a similar MO. 

 4 Here, the defendant's conduct and actions were 

 5 connected by a common purpose, to defraud his victims and to 

 6 milk them for as much money and goods as he could; and a 

 7 similar MO, deceiving the victims, writing bad checks, using 

 8 faulty payment platforms, representing that he had money that 

 9 he didn't and playing the role, as he has said. 

10 Therefore, these offenses are part of a common 

11 scheme or plan. And even if they're not, they do qualify also 

12 as the same course or conduct, because they are sufficiently 

13 connected or related to each other as to warrant the conclusion 

14 that they are part of a single episode, spree, or ongoing 

15 series of offenses. 

16 And, here, the conduct occurred in the midst of the 

17 defendant's ongoing spree where he repeatedly defrauded victims 

18 by way of hot checks, fake online payments, and false promises. 

19 This is not some outlier way before or way after the heart of 

20 the conduct here. And so for that reason also, the objection 

21 is overruled.

22 Okay. Regarding the double--the allegation to 

23 double-counted loss. These are objections to paragraphs 57, 

24 58, 63, and 64. The defendant objects to inclusion of loss 

25 amounts for both the Big Spring Ford event and the Big Man Auto 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 20 of 53 PageID 282
21

 1 Group. The government did file a clarification where it noted 

 2 that, although the truck at issue was eventually returned to 

 3 its rightful owner, Big Spring Ford, an intended loss should 

 4 still be assigned because the defendant did not return the 

 5 vehicle himself, nor did he intend to do so. And the 

 6 government clarified that Big Man Auto Group did suffer an 

 7 actual loss of a little over $38,000, which it paid to the 

 8 defendant in cash for the truck.

 9 Now, Big Man Auto Group did obtain another truck 

10 from the defendant as a sort of insurance, but it does not have 

11 title to that vehicle, so it cannot realize value from it. In 

12 any event, the defendant, in the government's view, would be 

13 accountable for the intended loss. 

14 For the reasons stated by the government and in the 

15 PSR addendum, the objection is overruled. The government's 

16 clarification, which has been adopted by the addendum, is 

17 sustained.

18 Next, the allegation that there's overstated loss 

19 here regarding Pollard Ford--that's objections to paragraphs 23 

20 through 26, and 75 through 76--the defendant asserts that even 

21 though he fraudulently obtained a truck valued at almost 

22 $63,000 from Pollard Ford, he should only be accountable for 

23 the $15,000 hot check that he used as a down payment. 

24 The government and Probation disagree. Under 

25 2B1.1, Application Note 3(A)(ii), intended loss means the 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 21 of 53 PageID 283
22

 1 pecuniary harm that the defendant purposely sought to inflict 

 2 and includes any pecuniary harm that would have been impossible 

 3 or unlikely to occur.

 4 Here, the defendant purposely sought to inflict a 

 5 total loss equal to the purchase price of the truck--62,900--on 

 6 Pollard Ford. Just because he put down a fraudulent payment of 

 7 only a portion doesn't change the fact that he intended to 

 8 fraudulently obtain the whole value of the truck. So that is 

 9 overruled.

10 The Big Shot or First Shot Outfitters has been 

11 withdrawn. 

12 We have resolved the position of trust enhancement. 

13 That is sustained. 

14 The clarification about the Levelland well does not 

15 impact the guideline range, but that is overruled for the 

16 reasons stated in the addendum and in the government's 

17 response. 

18 The clarification about victims, paragraphs 21 and 

19 22, also, no impact to the guidelines, but this is that he 

20 allegedly made good on his obligation to Hartman with cash and 

21 equipment. There's no evidence to support that. Because 

22 there's no evidence or, otherwise, a demonstration from the 

23 defendant that the information contained in the PSR is 

24 unreliable, I'm going to overrule that objection. I find the 

25 PSR does bear sufficient indicia of reliability.

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 22 of 53 PageID 284
23

 1 Clarification about the charter flight, 

 2 paragraphs 48 to 49, the defendant disputes that he was ever 

 3 forced off a charter plane. Overruled for the same reasons. 

 4 There's no evidence to make me question the PSR. I do find 

 5 that it bears sufficient indicia of reliability.

 6 And then the media interview, it's not going to 

 7 affect the sentence that I impose, the clarification anyway, so 

 8 those are overruled for the reasons stated in the addendum. 

 9 That's to paragraphs 97 to 105. 

10 And then you object to the PSR's inclusion of 

11 potential grounds for a departure. I will hear you out in 

12 argument as to what you think a reasonable sentence is, but I'm 

13 going to overrule the objection. I think it's proper for the 

14 PSR to include those potential bases for departures or 

15 variances.

16 Okay. Mr. Sloan, I think I've resolved all of your 

17 objections. Have I missed any? 

18 MR. SLOAN: No, Your Honor, you haven't.

19 THE COURT: Okay. And, Ms. Howey, I sustained your 

20 clarifying objection. Were there any others from the 

21 United States? 

22 MS. HOWEY: No, Your Honor.

23 THE COURT: Okay. I have a topic that I need to 

24 address and I'd like to hear from both parties on, and it's 

25 acceptance of responsibility. Why should the Court grant a 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 23 of 53 PageID 285
24

 1 3-level reduction for acceptance of responsibility in light of 

 2 his post-guilty plea telephone calls and statements that he 

 3 made both to an acquaintance, whoever that person was on the 

 4 phone, and to third parties, including members of the press. 

 5 The guideline requires a clear demonstration of 

 6 acceptance of responsibility, and I have--after listening to 

 7 the calls and reading the quotes that he made to third parties, 

 8 I do hesitate to find as a matter of fact that there's a clear 

 9 demonstration of acceptance. Before I make a ruling on that, I 

10 wanted to give both sides an opportunity to address it. 

11 Mr. Sloan? 

12 MR. SLOAN: Your Honor, I noted in those 

13 communications that he makes statements of acceptance of 

14 responsibility when he's talking to the press. 

15 THE COURT: He does. I take that point. He also 

16 says them in the phone call. In the middle of the phone call, 

17 suddenly they're talking about how the judge might be 

18 listening. 

19 And the person he talks to says, I hope the judge 

20 doesn't give you, you know, that long of a sentence. 

21 And he says, "I do have to pay my price to 

22 society," I think, something along those lines, or "pay my 

23 debt."

24 And so there are these statements. I was taught in 

25 law school the quote of Oliver Wendell Holmes that we should 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 24 of 53 PageID 286
25

 1 think things, and not words. So there are some isolated words 

 2 of acceptance, but I'm concerned about all his other conduct. 

 3 Go ahead.

 4 MR. SLOAN: So this is actually-- I'm going to 

 5 pull this from what was going to be my sentencing argument.

 6 THE COURT: Okay.

 7 MR. SLOAN: We have a 23-year-old alcoholic kid who 

 8 is desperate for attention here. He's trying to get rich. 

 9 That's the--

10 THE COURT: I thought he was twenty-six. 

11 Twenty-six? 

12 MR. SLOAN: He was twenty-three and twenty-four 

13 when the--

14 THE COURT: Oh, at the time. I see what you mean. 

15 Okay.

16 MR. SLOAN: He's trying to get rich by opening up 

17 an oil well. That oil well was never opened, so we don't know 

18 if there was oil down there or not.

19 THE COURT: Now, the government disputes that. The 

20 government says that was never his intent. He just wanted to 

21 get up-front money and it was all a ruse. I'll hear from the 

22 government on that, but in your view, he's actually trying to 

23 open a well? 

24 MR. SLOAN: Yeah. I think he was. I think he was 

25 hoping that the well would pay off and everybody would get 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 25 of 53 PageID 287
26

 1 rich. He's-- The private planes and luxury vacations where he 

 2 has always got his posse along, he's obviously trying to 

 3 impress these people. He is posting things on social media. 

 4 And then he gets caught and he starts paying, in 

 5 prison time, for what he did. That starts with his state 

 6 conviction. And then suddenly he's being compared to Leonardo 

 7 DiCaprio and he's--The Daily Beast wants to talk to him, which, 

 8 I guess, is a big social media company, which they did that 

 9 despite us telling him not to. He-- And I think with somebody 

10 who has obviously got insecurities and an ego problem, getting 

11 him to boast, I don't think, was much of a challenge. And so 

12 suddenly here's his chance to be famous or notorious, whatever 

13 you want to call it, which is a big ego boost for him. 

14 He didn't make a nickel off of what The Daily 

15 Beast--what they drew in that story. But she got him bragging, 

16 and I don't think she particularly cared that she was adding 

17 fuel to his fire today. And I told him after the interview, 

18 you're likely to pay in months and years for giving that 

19 interview.

20 And--but in the interviews and in the statements, 

21 he never said he didn't do it. He came to this Court and he 

22 said he did it. He said he was guilty. In regards to the 

23 arguments that we've made today, none of them are saying he did 

24 not commit these crimes.

25 THE COURT: I agree.

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 26 of 53 PageID 288
27

 1 MR. SLOAN: And I think he has prepared a statement 

 2 to the Court where he acknowledges that he committed the 

 3 crimes. He apologizes to his victims. He wants to make right. 

 4 In regard to The Daily Beast interview, it's like, 

 5 okay, he's a big boy, he should have known better. And it's 

 6 like there's a certain poetic justice in the fact that she sort 

 7 of misrepresented why she wanted to talk to him, and then he 

 8 fell for it, because that's what he did to all his of victims.

 9 And I suppose everybody has a reason to be outraged 

10 about the fact that he wants to be notorious or famous. But on 

11 the other hand, if he does make money from this, that's a 

12 pretty good chance that the $1,250,000 that he stole might get 

13 paid back. 

14 And the acceptance of responsibility, my 

15 understanding is, is comprised of two elements. Number one, 

16 you admit what you did and you don't say you didn't do it; and 

17 number two is that you withdraw from further criminal activity. 

18 And--

19 THE COURT: That's two factors of a nonexhaustive 

20 list. But those are two factors. 

21 MR. SLOAN: I understand.

22 THE COURT: He has admitted the crime. I give 

23 you--I take that point. And, as far as we know, he has 

24 withdrawn from criminal activity.

25 MR. SLOAN: Right.

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 27 of 53 PageID 289
28

 1 THE COURT: There's no indication that he hasn't.

 2 MR. SLOAN: Right. 

 3 And as far as taking the opportunity to become 

 4 notorious or bragging about what he did, it's distasteful, but 

 5 I don't think it is a lack of acceptance of responsibility. He 

 6 is also remorseful, and he has expressed that when he was 

 7 talking-- And the Court may say that's insincere because he 

 8 knows the judge is listening. And there's certainly no saying 

 9 that Mr. Bryant has a record of being honest. You know, I'm 

10 not going to say that. 

11 But if you're taking some of what he says and, 

12 well, that's an indication of who he is, and then disregarding 

13 some of what he says because he's a liar, then, I mean, that 

14 kind of puts him in a position where he's basically--no matter 

15 what he says, he's damned. And obviously, he shouldn't have 

16 done those interviews, and that's something that he and I went 

17 around about, and he stopped press contact after that 

18 conversation with me. But I think that there was a lot of ego 

19 stroking going on on the part of that reporter. You know, my 

20 story is more wild than their story; you should cover this.

21 And I understand that those comments are 

22 distasteful, but I don't think they indicate a lack of 

23 responsibility. I think what they indicate is immaturity and 

24 attention-seeking, which is--runs all through this case.

25 THE COURT: Okay.

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 28 of 53 PageID 290
29

 1 MR. SLOAN: So in my mind, acceptance of 

 2 responsibility for what he did is still there.

 3 THE COURT: All right. Okay. Thank you, 

 4 Mr. Sloan. 

 5 Ms. Howey? 

 6 MS. HOWEY: Yes, Your Honor. 

 7 THE COURT: And, Ms. Howey, will you move the 

 8 microphone a little closer to you and just set it on top of 

 9 your code book maybe, or-- Okay. Go ahead. 

10 MS. HOWEY: Is this better? 

11 THE COURT: Yes.

12 MS. HOWEY: I would implore the Court to consider, 

13 in a financial crime like this, we have victims who suffered 

14 great losses. And I do think, in one of those conversations, 

15 he does admit that he understands people were hurt. But 

16 despite that, despite the admonitions from his counsel, he just 

17 revelled in this Daily Beast article. 

18 He called his friend-- I'm citing to the 

19 government's sentencing memorandum on page 7, which references 

20 Audio Exhibit 2. He told his friend that they were going to 

21 get paid for this shit and asked her to send the article link 

22 to Inside True Crime. This is a website that's maintained by 

23 Matthew B. Cox, who is a true crime writer. It's a man who he 

24 reached out to himself in early August, when he knew--after he 

25 had received the target letter. I think that just shows an 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 29 of 53 PageID 291
30

 1 absolute lack of remorse and an acceptance with just the 

 2 gravity of his crimes, the number of victims who suffered and 

 3 the ways in which they suffered. 

 4 Even after being transferred to Bailey County 

 5 jail--I believe that might have happened in January; I'm not 

 6 sure--he contacted a Texas Monthly journalist, the journalist 

 7 who wrote the Daily Beast article, to just to let them know, 

 8 I'm here now; let's continue this conversation. 

 9 All of that after the very sobering event of 

10 standing in a federal courthouse and pleading guilty to federal 

11 crimes. I do not see any acceptance of responsibility for the 

12 gravity, the number of victims, and the crimes he committed.

13 THE COURT: Okay.

14 MS. HOWEY: Thank you, Your Honor.

15 THE COURT: All right. Thank you. 

16 All right. I'll make a determination on this after 

17 I hear from the defendant. So, Mr. Bryant, if you would join 

18 your attorney at the podium, please. 

19 Let me say, having resolved all outstanding 

20 objections, I do adopt the PSR and PSR addendum's factual 

21 findings and legal conclusions as my own, except as modified 

22 today and except as potentially modified with the remaining 

23 acceptance issue, which I will resolve shortly. 

24 Sir, the statutory sentencing range--so the total 

25 possible range of punishment here--is a term of imprisonment of 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 30 of 53 PageID 292
31

 1 up to 20 years; a fine of $250,000, or both; and a period of 

 2 supervised release of up to 3 years.

 3 All right. Sir, you have the right to tell me 

 4 anything you'd like to tell me. Currently, your guideline 

 5 range is a Total Offense Level--after the 2-level reduction for 

 6 removing the position of trust, you would be at a 26. Your 

 7 total Criminal History Category-- That's your Total Offense 

 8 Level, is currently 26; your Criminal History Category is I; 

 9 and that would result in an advisory guideline range of 63 to 

10 78. 

11 Now, Probation has noted that there are factors 

12 here that might warrant an upward departure or an upward 

13 variance from that advisory range. One of those is the idea 

14 that your criminal history category might substantially 

15 underrepresent the likelihood that you will commit more crimes 

16 and the potential danger you pose to the community. 

17 And specifically, the probation officer notes for 

18 me that there are three related theft convictions that you 

19 received no criminal history points for. You were on three 

20 concurrent probationary sentences while you committed this 

21 federal offense, and there are six prior arrests that did not 

22 result in convictions. You have been subject to numerous 

23 police reports that did not result in charges, and you have 

24 four other pending matters. 

25 I will not rely on the bare arrest record, of 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 31 of 53 PageID 293
32

 1 course. But it's that constellation of facts, and I do find 

 2 that the facts underlying all of those materials have a 

 3 sufficient indicia of reliability.

 4 That's one category that the probation officer 

 5 said, maybe you want to go higher, Judge. It's not a 

 6 recommendation; it's just a--Judge, you need to consider this. 

 7 The other is the aggravating circumstances that are 

 8 present. The guidelines provide, in 5K2.0, that I can depart 

 9 from the range if I find there are circumstances not adequately 

10 taken into account in determining the range in an exceptional 

11 case if I determine that circumstances are present to a degree 

12 substantially in excess of that which is ordinarily involved in 

13 this kind of offense. And the probation officer notes that 

14 there may be here. 

15 You have numerous victims, including small 

16 businesses and individuals. For years, you dodged multiple 

17 charges, and you tormented your son's mother. And after 

18 pleading guilty, you participated in these interviews and you 

19 had these phone calls where, arguably, you were proud of your 

20 crimes and not remorseful for them.

21 That is your advisory range. Your attorney is 

22 going to get to argue to me anything he'd like to argue about 

23 what a reasonable sentence is, but you also have the right to 

24 tell me anything you would like to tell me. You don't have to 

25 say anything if you don't want to. I won't hold it against you 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 32 of 53 PageID 294
33

 1 if you don't. Is there anything you'd like to say?

 2 THE DEFENDANT: Yes, sir.

 3 THE COURT: Go ahead. 

 4 THE DEFENDANT: I would like to sincerely and 

 5 humbly apologize to all my victims and my family. For years, I 

 6 watched their confusion at the chaos drugs and alcohol caused 

 7 in my life. The seriousness of my actions had zero impressions 

 8 on my drug- and alcohol-induced mind. 

 9 These last 15 months I've been incarcerated have 

10 shown me how devastating my choices have been on my life and 

11 others. I have failed as a father and a son. I've wrecked 

12 every relationship I've had, burned every bridge I've crossed. 

13 I hurt so many people trying to be someone I am not. I was a 

14 greedy, unremorseful monster, hurting everybody in my path. 

15 I'm 100 percent responsible for my actions that 

16 have led me to this courtroom today. I'm ready to make--ready 

17 to pay my debt and restitution to society and my victims and 

18 come out of my sentence a better man and father. 

19 Thank you for giving me the chance to change my 

20 life. Thank you for my family for supporting me.

21 THE COURT: All right. Thank you, sir. I 

22 appreciate that statement, and I will take it into account. I 

23 wish I could believe everything you just said. In light of 

24 your statements, especially on the phone calls, it's very hard 

25 for me to do so. You have the right to talk to whoever you 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 33 of 53 PageID 295
34

 1 want to talk to, but it's my obligation to determine whether 

 2 you have clearly demonstrated acceptance of responsibility. 

 3 And that statement that you just read falls well short of 

 4 mitigating your actual conduct. 

 5 And I have to judge people based on what they do, 

 6 and not their best intentions. And, here, while I do recognize 

 7 that you have admitted that you committed this crime-- And I 

 8 don't doubt you, Mr. Sloan, that your client wanted attention. 

 9 I don't think he's in a catch-22. I'm not picking and choosing 

10 statements. I don't give any credibility to these isolated 

11 statements, because the remainder of the statements are him 

12 speaking freely with a friend or third parties where he is 

13 clearly revelling, and he has no incentive not to--in fact, he 

14 had incentive not to talk about those things, and he couldn't 

15 resist, and he--the guard is clearly down. 

16 There's no doubt he wants to profit from this 

17 crime. There's no doubt there that he is proud of these 

18 crimes. He laughed at the idea of them on the calls. The 

19 person he was talking with noted that there was a commenter who 

20 said--and I'm paraphrasing, but, "Yeah, he got me for $8,000; 

21 I'm still waiting to get paid back for my 8,000," and they had 

22 a collective laugh about that. That response to a victim is 

23 hard to understand and I can't ignore.

24 You also-- Another person put a gif up that said, 

25 you know, "I'm still waiting for that wire transfer," and y'all 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 34 of 53 PageID 296
35

 1 had a good laugh about that as well. These are real people; 

 2 individuals, small businesses, large businesses. 

 3 And I have no doubt that you have failed to meet 

 4 the standard in the guidelines that must clearly demonstrate 

 5 acceptance. You haven't. If anything, all you have clearly 

 6 demonstrated is that you're proud. You play a role. I think 

 7 you're playing a role today. 

 8 I hope you prove me wrong. Don't get me wrong. I 

 9 hope that--okay, I have to prove to you with conduct? I will. 

10 And I hope that's the case. But what's before me 

11 right now, you have not clearly demonstrated responsibility--or 

12 acceptance of responsibility, and so for those reasons, I am 

13 going to remove it. 

14 So that takes you from a 26 to a three-- Pardon 

15 me. You were at a 26. I'm adding 3, because that 3-level 

16 reduction is no longer there. You're now at a 29, and as a 

17 29-I, your advisory range is 87 to 108 months' imprisonment. 

18 Mr. Sloan, I have heard from your client, and I 

19 have tentatively concluded that an upward departure or variance 

20 might be in order here for the reasons stated today and for the 

21 reasons stated in the PSR and its addenda. Any evidence or 

22 argument on behalf of your client, Mr. Sloan? 

23 MR. SLOAN: Your Honor, in regard to the acceptance 

24 of responsibility, that's composed of two parts. There's the 

25 two-level acceptance of responsibility, and there's an 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 35 of 53 PageID 297
36

 1 additional level that the government moved for because of his 

 2 prompt decision to plead guilty--

 3 THE COURT: Right.

 4 MR. SLOAN: --and saving resources of the 

 5 government, and that should still be in play. 

 6 THE COURT: So part--

 7 MR. SLOAN: I think it should be a 2-level 

 8 increase, not a 3-level increase.

 9 THE COURT: I disagree, but I'll hear you out. 

10 Part B says, if the defendant qualifies for a decrease under 

11 A-- So it's conditional. So the 1-level additional decrease 

12 under Part B is conditioned on me finding that he is qualified 

13 under A. He's not qualified under A, but in any--and so I 

14 disagree. 

15 Does that make sense? Am I missing something? 

16 MR. SLOAN: It makes sense, Judge.

17 THE COURT: Okay. Ms. Howey, would you move--do 

18 you--are you--regardless of this range, would the government 

19 like me to decrease it by one? 

20 MS. HOWEY: Yes, Your Honor, the government does 

21 move.

22 THE COURT: Okay. That's overruled. I don't think 

23 I can do so under the guidelines. And so it is a 3-level 

24 reduction, and we're at 87 to 108. But, again, I have found 

25 that--tentatively concluded that an upward departure or 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 36 of 53 PageID 298
37

 1 variance might be in order. But I've calculated the 

 2 guidelines. 

 3 Mr. Sloan? 

 4 MR. SLOAN: Your Honor, it's our position that the 

 5 PSR-- You have identified some aggravating factors. The PSR 

 6 identified some aggravating factors. And there's essentially 

 7 two categories there. There's the number of victims, the sort 

 8 of flagrant nature of the fraud. 

 9 And I would just say that number of victims is 

10 included in the guideline calculation. The quantity of the 

11 fraud is included in the guideline calculation. The prior 

12 convictions are included in the loss amount. So all of those 

13 things were taken into account in arriving at what's a 

14 relatively high guideline range for a fraud case. So I believe 

15 that those were adequately taken into account within the 

16 guidelines as they are calculated in the PSR.

17 The second category is the arrests for which he was 

18 not convicted regarding domestic violence and the situation 

19 with his wife--

20 THE COURT: I can tell you that's not going to-- 

21 that's not enough for me to upwardly depart or vary, so that's 

22 not going to do it.

23 MR. SLOAN: All right. So for those reasons, we 

24 believe a sentence within the guideline range is appropriate.

25 THE COURT: Okay. 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 37 of 53 PageID 299
38

 1 MR. SLOAN: In addition, I would ask the Court to 

 2 make a placement recommendation to FCI Seagoville.

 3 THE COURT: That will be granted. I'll make a 

 4 nonbinding placement recommendation for FCI Seagoville.

 5 All right. I have heard from your client. 

 6 Ms. Howey, anything--any argument or evidence-- 

 7 We've already admitted, I guess, your evidence. But any 

 8 argument from the United States? 

 9 MS. HOWEY: Yes, Your Honor. Just really quickly, 

10 I want to clarify that I did agree with the revocation of that 

11 third point.

12 THE COURT: Oh, I see. I misunderstood you.

13 MS. HOWEY: I think I misspoke.

14 THE COURT: No problem.

15 MS. HOWEY: My apologies.

16 THE COURT: No problem.

17 MS. HOWEY: First, I do want to set the record 

18 straight on the oil well. Mr. Sloan spoke just moments ago 

19 that perhaps--maybe I misunderstood him, but he understands 

20 that there was an oil well and Mr. Bryant wanted to work to 

21 reopen that well. 

22 That is absolutely false. There was--there may 

23 have been oil wells on this property. It's property that his 

24 uncle owned. Maybe they were working at one time. I don't 

25 know all the language in the oil and gas industry. But he did 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 38 of 53 PageID 300
39

 1 not intend to open an oil well. It was not his land. His 

 2 uncle did not even know he was on the land or had told people 

 3 that he would open a well on the land. According to--

 4 THE COURT: Yeah, when uncle finds out, uncle said, 

 5 what are y'all doing here; get off--

 6 MS. HOWEY: Right. Paragraph 19 in the PSR--

 7 THE COURT: --get out of here? 

 8 MS. HOWEY: Yes, Your Honor. So I want to set that 

 9 clear. This isn't a situation where a businessman gets in a 

10 situation where he's not able to complete the task he set. He 

11 never intended to open the oil well. He just wanted money to 

12 use as he pleased.

13 Second, Your Honor, I want to note that there is 

14 nothing special about this defendant's crimes, nothing at all. 

15 He repeated wire fraud over and over again, plain and simple. 

16 We're talking wire fraud. And he used the devices that we 

17 often see in these cases. We've already discussed, he created 

18 fictitious businesses, websites, bank accounts even, fictitious 

19 persons. And then he used those devices to defraud 

20 unsuspecting victims. And as the Court said, these are real 

21 people, real people; our neighbors, local businesses. 

22 What is different about this case is the number of 

23 victims. The PSR discusses 56 different victims. That's an 

24 astounding number. And what is really relevant here is to 

25 speak for the victims. Who were they? Well, Mr. Bryant preyed 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 39 of 53 PageID 301
40

 1 upon small business owners, and small business owners who were 

 2 desperately seeking to stay afloat during the pandemic. He 

 3 attempted and was successful in defrauding small business 

 4 owners of $1.5 million in just the very start of the pandemic, 

 5 at a time when businesses were just trying to stay afloat.

 6 THE COURT: Didn't one of the aviation companies 

 7 also say, in effect, we were so glad to get a giant, you know, 

 8 contract for a private flight because COVID had stopped 

 9 everything, and now we're going to get an influx of, whatever, 

10 $50,000 or whatever it was? 

11 MS. HOWEY: Yes, Your Honor. It was excitement on 

12 their part. They didn't foresee any flights happening because 

13 of the pandemic, and they were thrilled. They were excited. 

14 They knew they would be able to keep some employees on. And 

15 as, I think, I state in the sentencing memo, that excitement 

16 just morphed to despair, and they were not able to recover. I 

17 don't know if they still have not been able to recover, but it 

18 was quite a hit.

19 As we've discussed, he preyed upon colleagues, 

20 friends, former employers in the oil and gas industry. Of 

21 course, that's an industry vital to this area, and it is one 

22 that's built upon trust, reputation. As I think I've already 

23 said, business is often conducted on a handshake, and 

24 Mr. Bryant knew that, and he capitalized on that.

25 In addition, I think it's important to note that he 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 40 of 53 PageID 302
41

 1 preyed on what I see as America's ever-growing dependence on 

 2 payment applications, such as--you know, many of us in this 

 3 courtroom use Venmo, PayPal. Evidently Veem is another 

 4 application. Americans are growing to depend on those. We 

 5 expect to send and receive money almost instantaneously. And 

 6 he used Veem. He used QuickBooks, and he capitalized on that.

 7 He made it appear, through those applications, that 

 8 money was coming, and perhaps his victims thought money would 

 9 be instantaneous. They relied upon that application to their 

10 detriment. Of course, the money never came, and in roughly an 

11 18-month crime spree that spanned several states, this 

12 defendant racked up a total of $3,523,564.05 in intended and 

13 actual losses. And he did it for the purposes of ostentation, 

14 pretension, and Instagram moments and to feed his ego. As 

15 we've discussed, the damage to the victims is just 

16 overwhelming. And when you look at the number, it's 

17 heartbreaking. 

18 We've discussed this a little bit. Despite that 

19 devastation, this defendant is not contrite. Although he, 

20 perhaps in his view, expressed remorse today, I don't believe 

21 it. His actions speak otherwise. We've already discussed 

22 those actions. 

23 And I do want to note for the record that the 

24 defendant has continued to communicate with persons in the 

25 media. He believes they will promote his story. This 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 41 of 53 PageID 303
42

 1 behavior, to me, is very concerning, because it indicates that 

 2 he has no intention of changing his conduct or his view of his 

 3 crimes, and I believe his history--his criminal history 

 4 suggests the same. As discussed in the PSR, he has had ongoing 

 5 interactions with law enforcement since the age of seventeen. 

 6 He has been given chance after chance after chance.

 7 He was noncompliant with court conditions, even 

 8 when he was given those chances on probation, and he committed 

 9 almost all of the crimes in the crime spree that brings us here 

10 today while under three different terms of probation. And 

11 that's astounding. He clearly lacks respect for the law. He 

12 has demonstrated a complete inability to deter his conduct, 

13 even after pleading guilty. 

14 The United States asks for a just sentence that 

15 would reflect the gravity of the crimes, the breadth of the 

16 crimes, and that would deter this defendant's conduct, and that 

17 would also send a message to others who would commit such 

18 crimes in our community. Thank you.

19 THE COURT: Thank you, Ms. Howey. Ms. Howey, do 

20 you know any reason why the Court cannot lawfully impose 

21 sentence at this time? 

22 MS. HOWEY: No, Your Honor.

23 THE COURT: Mr. Sloan? 

24 MR. SLOAN: No, Your Honor.

25 THE COURT: I've carefully reviewed the PSR and its 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 42 of 53 PageID 304
43

 1 addenda. I inform the defendant that the plea agreement is 

 2 finally accepted. Judgment and sentence will be consistent 

 3 with it. 

 4 I am required by statute to impose a sentence that 

 5 is sufficient, but not greater than necessary, to comply with 

 6 the purposes of sentencing set forth in Section 3553(a)(2), and 

 7 to consider all the sentencing factors in that statute, which I 

 8 have done.

 9 Mr. Bryant, all that really means, to translate 

10 that for you a bit, is, I consider certain guideposts in every 

11 case to try to figure out what's a reasonable sentence. One of 

12 those is the nature and circumstances of the offense, or what 

13 did you do. 

14 We've already talked at length about what you did. 

15 Everybody knows what you did. But suffice it to say that you 

16 executed dozens, dozens of fraudulent schemes that victimized 

17 numerous individuals and small businesses, and you did so not 

18 over a short period of time, not in some short period of crisis 

19 or emergency or need, but over a course of approximately 

20 18 months. And these schemes and this fraud were not small. 

21 The intended and actual loss combined of approximately three 

22 and a half million dollars. 

23 Your fraud impacted numerous people across many 

24 industries. In one scheme, your victims contributed thousands 

25 of dollars in money, equipment, and services to your sham 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 43 of 53 PageID 305
44

 1 business, and they were never compensated. These are 

 2 hardworking, salt-of-the-earth people. You were not defrauding 

 3 some giant oil company who has billions of dollars to spare. 

 4 You defrauded the people in our community who are just trying 

 5 to make it as a small business or individuals, pay the bills, 

 6 give people jobs that allow them to put food on their table, 

 7 and yet, you never hesitated. Victim after victim, fraud after 

 8 fraud, you did not stop. You just continued to just 

 9 double-down and double-down and double-down. The only thing 

10 that stopped you was being caught. 

11 And, in fact, the first time, you know, you were 

12 caught and you got in trouble at the State multiple times, 

13 you're on probation for this type of offense and these related 

14 offenses. You didn't stop then. Only when you're arrested and 

15 taken out of rotation do you stop. Until then, you played the 

16 role and enjoyed it. You revelled in your crimes then, and 

17 you've continued to revel in your crimes to this day, in light 

18 of those phone calls that I've heard and statements that you 

19 have made to third parties.

20 You took what you wanted for just your own fun, 

21 luxury vehicles, private flights, cruises, rental homes, 

22 various goods and services. The number of victims here is 

23 greater than normal in wire fraud cases. There's--I have a 

24 sentencing later this afternoon. It's wire fraud involving 

25 over a million dollars, but it doesn't involve 30 victims or 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 44 of 53 PageID 306
45

 1 40 victims or 50 victims. It involves one victim. And that's 

 2 what makes your crime exceptional in a bad way.

 3 The total actual loss--Ms. Howey, I know that you 

 4 filed a new number recently. I have the total actual loss, 

 5 which should also be ordered as restitution, of $1,185,691.38. 

 6 Is that correct, Ms. Howey? 

 7 MS. HOWEY: That is correct, Your Honor.

 8 THE COURT: Okay. And do you agree with that 

 9 number, Mr. Sloan? 

10 MR. SLOAN: I do.

11 THE COURT: All right. And that's the number that 

12 should also be ordered for restitution, Mr. Sloan? 

13 MR. SLOAN: Yes, Your Honor.

14 THE COURT: All right. After you were caught, you 

15 did make statements to the press, despite the advice of your 

16 counsel, which just shows me your just dogged determination to 

17 revel in what you did. That's your choice. Choices have 

18 consequences. If that's how you want to live, that's fine. 

19 Those people don't go away on this side of the room. They'll 

20 be there for you if you want to keep making these choices. 

21 I hope today is the day that you decide enough is 

22 enough, but you have lost the benefit of the doubt from 

23 everyone because of your own choices. So you've got to start 

24 living it in instead of just saying it. Until then, I have to 

25 sentence you based on what's before me. And what's before me 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 45 of 53 PageID 307
46

 1 is, over this lengthy period of time, so many victims and so 

 2 much loss.

 3 This isn't the first time you've been in trouble. 

 4 You have had multiple interactions with law enforcement since 

 5 you were a teenager, and you have been given chance after 

 6 chance after chance. I wish that prior and more lenient 

 7 sentences had deterred you from criminal conduct. They 

 8 haven't. Undeterred, you continued, and here we are today.

 9 All this adds up to an incredibly serious crime. 

10 It also demonstrates an incredible danger to society. You have 

11 no respect for the law, given your repeat fraudulent conduct. 

12 I have to impose a just punishment, which weighs 

13 very heavily here. And I have to afford adequate deterrence of 

14 criminal conduct. That weighs heavily here. And, as I have 

15 said, protection weighs heavily as well.

16 I am familiar and aware of the general rule, as 

17 noted in paragraph 188 of the PSR, that a term of 

18 imprisonment--if a term of imprisonment resulted from another 

19 offense that's relevant conduct to this offense of conviction, 

20 generally, the Court should adjust the sentence for any period 

21 of imprisonment already served on the undischarged term if I 

22 determine that it will not be credited by the Bureau of 

23 Prisons. Further, in such a case, the remainder of that term 

24 is usually run concurrently. 

25 You have served 347 days for three state 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 46 of 53 PageID 308
47

 1 convictions that are related theft; seven days in Case 

 2 Number 2019-418,105; seven days in 2020-419,435; and 330 days 

 3 in CR55024. You've also served-- You were arrested in 

 4 December of 2021, and you've served an additional 445 days 

 5 since that time.

 6 In light of the provisions explained in 

 7 paragraph 189 of your presentence report, I do find this is a 

 8 complex case involving multiple undischarged sentences that may 

 9 call for the application of different rules. I will exercise 

10 my discretion to fashion a sentence of appropriate length and 

11 structure to achieve reasonable punishment. So I'm not going 

12 to provide any credits to the sentence that I impose; I'm just 

13 going to--and I am aware of the time that you've spent in state 

14 custody, and I'll take that into account in imposing a 

15 reasonable sentence.

16 I have considered the arguments of the parties and 

17 all the evidence before me, and I have determined that a 

18 sentence within the advisory guideline range would not be 

19 reasonable here. A couple of reasons for that. I do find this 

20 is an exceptional case. 

21 Mr. Sloan, I take your point that the guidelines do 

22 account for the number of victims. If there's--or--the 

23 guidelines provide that if there's ten or more victims, you 

24 increase by two levels. Given that we're well past ten victims 

25 in this case, I don't think two levels is sufficient, so I 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 47 of 53 PageID 309
48

 1 don't think the guidelines sufficiently account for the scope 

 2 of the crimes here and the number of victims involved. 

 3 I do also find that his criminal history 

 4 substantially underrepresents the likelihood that he will 

 5 commit more crimes and the danger to the public. 

 6 So, after considering all of those factors, the 

 7 purposes of sentencing, and the parties' arguments and the 

 8 evidence that has been admitted, I have determined that a 

 9 sentence of 168 months is sufficient, but not greater than 

10 necessary.

11 Now, I believe that the guideline calculations 

12 announced today were correct, but, to the extent they were 

13 incorrectly calculated, I inform the parties that I would have 

14 imposed the same sentence without regard to that range, and I 

15 would have done so for the same reasons, in light of the 

16 3553(a) factors.

17 This sentence is going to run consecutively to any 

18 sentence that may be imposed in Case Number 2019-735,716 and 

19 2019-683,081. Those are unrelated offenses. 

20 But the sentence shall run concurrently, or at the 

21 same time, as any sentence imposed in the following cases: 

22 Case Number DC-2022-CR-110 pending in the 137th District Court 

23 in Lubbock County; CR-2022-105-COD in the 5th Judicial District 

24 Court of Parker County, Wyoming; and any probation revocation 

25 in 2019-418,105 and 2020-419,435, both pending in the 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 48 of 53 PageID 310
49

 1 137th District Court in Lubbock County, and any probation 

 2 revocation in Case Number CR55024 pending in the 385th Judicial 

 3 District Court of Midland County, Texas.

 4 Upon release from imprisonment, you're going to be 

 5 on supervised release for a term of 3 years. While on release, 

 6 you shall comply with all of the mandatory conditions of 

 7 release listed in your presentence report and in 

 8 Section 3583(d). 

 9 Mr. Sloan, did you and your client receive and 

10 discuss my written notice of intent to impose the standard and 

11 special conditions? 

12 MR. SLOAN: We have, Your Honor. Mr. Bryant signed 

13 that, and we filed it with the court. We have no objections to 

14 those conditions.

15 THE COURT: Thank you, sir. 

16 Hearing no objections, I do adopt them today, with 

17 one change, and it's just the total loss--total restitution 

18 amount, which I stated earlier. So that will be adjusted. And 

19 you have no objection to that adjustment. Correct? 

20 MR. SLOAN: That's correct.

21 THE COURT: Okay. I do find that all of these 

22 conditions are reasonable and relate to all of the appropriate 

23 statutory considerations, and they impose no greater 

24 deprivation of liberty than reasonably necessary under the 

25 statute.

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 49 of 53 PageID 311
50

 1 I find that you don't have the ability to pay a 

 2 fine in addition to your restitution obligations, so I'm 

 3 waiving a fine. 

 4 You must, however, pay the mandatory special 

 5 assessment of $100, due and payable immediately to the 

 6 United States.

 7 You are ordered to pay restitution in the amount of 

 8 $1,185,691.38. Restitution shall be paid to the District 

 9 Clerk's Office in Lubbock, Texas, for disbursement to your many 

10 victims. Those victims were noted in the conditions of 

11 supervision. 

12 Mr. Sloan, I'd be glad to read those victims and 

13 the restitution amounts, as well, today. You've already 

14 received notice of them. Would you like me to read them, or do 

15 you waive that? 

16 MR. SLOAN: We waive that.

17 THE COURT: Okay. And same for the United States? 

18 MS. HOWEY: Yes, Your Honor.

19 THE COURT: The only addition to that list is the 

20 additional victim of--is it Elisas, E-l-i-s-a-s? 

21 MS. HOWEY: I believe so.

22 THE COURT: Elisas Zurita, Z-u-r-i-t-a.

23 MR. SLOAN: Your Honor, in his letter, he indicated 

24 it's Elias, E-l-i-a-s.

25 THE COURT: E-l-i-a-s? Okay. We'll double-check 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 50 of 53 PageID 312
51

 1 that. Zurita, Z-u-r-i-t-a, in the amount of $961.73. That's 

 2 the only addition. And the defendant has waived reading, but 

 3 all of the victims--there's a list. You've seen that list, 

 4 sir, and the amounts and the damage that you caused them. You 

 5 have to pay them back. 

 6 If, upon the commencement of your term of 

 7 supervision, any part of that restitution amount remains 

 8 unpaid, you shall make payments on the unpaid balance beginning 

 9 60 days from release from custody at a rate of at least $250 

10 per month until paid in full. 

11 I'm going to recommend that, while incarcerated, 

12 you receive appropriate substance abuse and mental health 

13 treatment, but I didn't lengthen your term of imprisonment to 

14 promote rehabilitation, because I'm barred from doing so.

15 Sir, to the extent you have not waived your right 

16 to appeal, you do have the right to appeal your conviction and 

17 your sentence. If you'd like to appeal, you need to file a 

18 notice of appeal within 14 days of today in this court. If you 

19 want to do that, just tell Mr. Sloan. He's very familiar with 

20 that process, and he can get that done for you. 

21 He can also ask that the costs of the appeal go to 

22 the United States, and not to you. 

23 Do you understand those rights, sir?

24 THE DEFENDANT: Yes, sir.

25 THE COURT: I'm sorry?

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 51 of 53 PageID 313
52

 1 THE DEFENDANT: Yes, sir.

 2 THE COURT: All right. Mr. Sloan, anything else? 

 3 MR. SLOAN: Yes, Your Honor. We would object to 

 4 the length of the sentence as both procedurally and 

 5 substantively unreasonable. 

 6 In terms of the procedural unreasonableness, it's 

 7 our position that it's unreasonable for the Court to 

 8 essentially stack this case to the sentences he is already 

 9 serving and not provide credit for those--

10 THE COURT: Okay. Let me jump in there. I did 

11 adjust the sentence downward to account for that time. I'm not 

12 applying credit, because there's just so many different cases 

13 here and the amount of time. I considered a longer sentence, 

14 and I have accounted for that. 

15 But I understand that procedural objection. It's 

16 overruled. What's next? 

17 MR. SLOAN: The substantive objection is 

18 essentially what we have already stated, that the factors that 

19 the Court has identified as bases for upwardly varying are 

20 already accounted for in the PSR and in the Court's denial of 

21 acceptance, and therefore, the sentence is substantively 

22 unreasonable as imposed.

23 THE COURT: Okay. I understand that, as well. It 

24 is also overruled for the reasons I have stated. I don't think 

25 those things are sufficiently or reasonably accounted for in 

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 52 of 53 PageID 314
53

 1 light of just this incredibly unique case. 

 2 Anything else from the United States? 

 3 MS. HOWEY: No, Your Honor. Thank you.

 4 THE COURT: Okay. At this time, Mr. Bryant, you 

 5 are remanded to the custody of the United States Marshal. Good 

 6 luck to you, sir.

 7 (END OF HEARING) 

 8

 9 I, Mechelle Daniel, Federal Official Court Reporter in and 

for the United States District Court for the Northern District 

10 of Texas, do hereby certify pursuant to Section 753, 

Title 28, United States Code, that the foregoing is a true and 

11 correct transcript of the stenographically reported proceedings 

held in the above-entitled matter and that the transcript page 

12 format is in conformance with the regulations of the Judicial 

Conference of the United States. 

13

14 /s/ Mechelle Daniel DATE MAY 3, 2023 

15 MECHELLE DANIEL, CSR #3549

FEDERAL OFFICIAL COURT REPORTER

16

17

18

19

20

21

22

23

24

25

Mechelle Daniel, Federal Official Court Reporter 

(806) 744-7667

Case 5:22-cr-00099-H-BQ Document 41 Filed 05/03/23 Page 53 of 53 PageID 315