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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

UNITED STATES OF AMERICA

VS.

AHMED ABDALLA ALLAM

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DOCKET 1:23-CR-10

AUGUST 10, 2023

3:13 P.M.

BEAUMONT, TEXAS

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VOLUME 1 OF 1, PAGES 1 THROUGH 27

REPORTER'S TRANSCRIPT OF CHANGE OF PLEA

BEFORE THE HONORABLE MARCIA A. CRONE

UNITED STATES DISTRICT JUDGE

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APPEARANCES:

FOR THE GOVERNMENT: JOHN ROSS

JOE BATTE

U.S. ATTORNEY'S OFFICE

550 FANNIN STREET

SUITE 1250

BEAUMONT, TEXAS 77701

FOR THE DEFENDANT: RYAN GERTZ

TOM KELLEY

GERTZ KELLEY LAW FIRM

2630 LIBERTY

BEAUMONT, TEXAS 77702

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COURT REPORTER: RUTH C. WEESE, RDR-CSR

FEDERAL OFFICIAL REPORTER

300 WILLOW, SUITE 104

BEAUMONT, TEXAS 77701

PROCEEDINGS REPORTED USING COMPUTERIZED STENOTYPE;

TRANSCRIPT PRODUCED VIA COMPUTER-AIDED TRANSCRIPTION.

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(OPEN COURT, DEFENDANT PRESENT.)

THE COURT: The first matter this afternoon is

1:23-CR-10, United States of America vs. Ahmed Abdalla

Allam.

MR. ROSS: Hello, Your Honor. John Ross and

Joe Batte here for the USA; we are ready.

MR. GERTZ: Judge, Ryan Gertz here for Mr.

Allam. Tom Kelley is present as well, Judge.

THE COURT: All right. We will have the

Defendant placed under oath.

(Defendant sworn.)

BY THE COURT:

Q. Please state your full name.

A. My name is Ahmed Abdalla Allam.

Q. How old are you?

A. I'm 26.

Q. How far did you go in school?

A. Sorry?

Q. How far did you go in school? What grades of

school did you complete?

A. College.

Q. Okay. I understand you intend to plead guilty to

Count 1 of the indictment. Before accepting your plea of

guilty, the Court must inform you of certain rights you

have under the law and determine you understand the

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consequences of your plea of guilty. Your answers will

be under oath, on the record and with the assistance of

your attorney. The questions will concern the charges

against you. If you feel that you need further

explanation about any part of these proceedings, let me

know and I will answer your question and allow you to

consult privately with your attorney. You are now under

oath, and if you answer any of my questions falsely, your

answers may later be used against you in another

prosecution for perjury or making a false statement.

Have you discussed the facts of this case, the

charges pending against you and any possible defenses you

may have and your decision to plead guilty with your

attorney?

A. Yes.

Q. Are you satisfied that your attorney has fully

considered these factors?

A. Sorry?

Q. Are you satisfied that your attorney has fully

considered these factors?

A. What factors?

Q. Well, the charges pending against you, the

possible defenses, what we just discussed?

A. Can you repeat it, please.

Q. Yes. The first question was have you discussed

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the facts of this case, the charges pending against you,

any possible defenses you may have and your decision to

plead guilty with your attorney, which you said yes.

Then I said are you satisfied that your attorney has

fully considered these factors. The factors relate back

to those items that I listed in the first question.

A. Yes, Your Honor.

Q. Are you fully satisfied with your counsel's

representation and advice given to you in this case?

A. Yes.

Q. Are you a citizen of the United States?

A. Yes, ma'am.

Q. If you desire to change your plea of guilty to a

plea of not guilty at any time during these proceedings,

I will permit you to do so. Have you read and discussed

the indictment with your attorney?

A. Yes.

Q. After consulting with your attorney do you

understand the charges against you?

A. Yes.

Q. So that you will fully understand the nature of

the charges, the Court will now inform you of the

elements of the offense with which you are charged. You

are charged in Count 1 of the indictment with a violation

of 18 U.S.C. Section 922(q)(2)(A), possession of a

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firearm in a school zone. The essential elements which

must be proven beyond a reasonable doubt to establish a

violation of this statute are:

One, the Defendant knowingly possessed a

firearm as charged;

Two, the Defendant's possession of the firearm

occurred within a distance of one thousand feet of the

grounds of a school, a place the Defendant had reasonable

cause to believe was a school;

And, three, the firearm possessed traveled in

interstate commerce, that is, before the Defendant

possessed the firearm it had traveled at some time from

one state to another.

So, again, do you understand the nature of the

charge and each of the elements of the offenses that have

just been explained to you?

A. Yes, but I didn't know it was a school. I know

the charge. I understand the charge.

Q. You didn't know it was a school zone?

A. No.

Q. That's an element.

(Attorney confers with client.)

THE COURT: One of the elements is it's a

place that the Defendant had reasonable cause to believe

was a school, so I think there were signs and things like

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that.

MR. GERTZ: As a practical matter, there was a

school zone sign nearby. So...

THE COURT: Right. But he has got to admit

that. I mean that's part of the elements.

MR. GERTZ: I understand. We're agreeing with

it, that he knew he was within a thousand feet of a

school. Where we are hung up being on the school

versus --

THE COURT: No, we are not talking about that.

We are talking about he has to have reasonable cause to

believe he was in a school zone.

MR. GERTZ: Right, which the law defines is

within a thousand feet of the school grounds.

THE COURT: Right. But he has got to admit

that. That you knew you were within a thousand feet of a

school; is that correct?

THE DEFENDANT: Yes.

BY THE COURT:

Q. Okay. And were you -- did you see the sign that

said school zone?

A. What?

(Attorney confers with client.)

A. Yes.

Q. So you understand the nature of the charge and

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each of the elements of the offense; is that correct?

A. Yes, Your Honor.

Q. Do you understand that these are the matters the

Government is required to prove beyond a reasonable doubt

in order to convict you of the offense charged in the

indictment?

A. Sorry?

Q. Do you understand that this is what the Government

has to prove beyond a reasonable doubt in order to

convict you of the offense charged in the indictment?

A. Yes, Your Honor.

Q. Do you need further explanation by the Court or by

your attorney?

A. No, Your Honor.

Q. I must advise you of the mandatory minimum penalty

provided by law, if any, and the maximum possible penalty

that may be imposed upon you. If I accept your plea of

guilty you could imprisoned for not more than five years,

a fine not more than $250,000 or twice the pecuniary gain

to the Defendant or loss to the victim, whichever is

greater, or both, followed by a term of supervised

release of not more than three years. In addition, you

would be required to pay a special assessment of $100.

Do you understand the range of punishment that applies in

this case?

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A. Yes, I understand that's the maximum.

Q. Right. It's a range. It's up -- not more than

five. Do you understand the range?

A. Yes, Your Honor.

Q. Supervised release means that after you are

released from prison, you will be supervised by the

probation department under conditions set by the court.

A term of supervised release is imposed in addition to

any sentence of imprisonment. A violation of the

conditions of supervised release can subject you to

imprisonment for a period of time or even the entire term

of supervised release without credit for any time already

served. You would be granted a hearing on any alleged

violations and, if the Court finds a violation has

occurred, it will determine the term of imprisonment

after consulting the advisory sentencing guidelines.

If applicable, the Court may order you to make

restitution to any victim or to forfeit certain property

to the government.

The United States Sentencing Commission has

issued advisory guidelines for judges to consult in

determining the sentence in a criminal case. The Court

must consider but may depart from these guidelines when

reasonable under the circumstances.

Have you and your attorney talked about how

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the Sentencing Commission guidelines might apply to your

case?

A. Yes.

Q. Do you understand that the Court will not be able

to determine the advisory guideline sentence of your case

until after the presentence report has been completed and

you and the Government have had an opportunity to

challenge the facts reported by the probation officer?

A. Yes, Your Honor.

Q. Do you understand the sentence imposed might be

different from any estimate your attorney may have given

you?

A. Sorry?

Q. Do you understand the sentence imposed may be

different from any estimate that your attorney may have

given you?

A. What does that mean?

Q. Well, your attorney may have estimated the range

or the punishment may be X. But the sentence may be

different from that. Do you understand the sentence

imposed can be different from any estimate your attorney

may have given you, but it would be within the --

A. Yes, Your Honor.

Q. -- guideline range. Do you also understand that

after it's been determined what guideline applies to your

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case the judge has the authority to impose a sentence

that is more severe or less severe than the sentence

called for by the guidelines?

(Attorney confers with client.)

A. Yes.

Q. Do you understand if the sentence is more severe

than you expected you will still be bound by your plea

and will have no right to withdraw it?

(Attorney confers with client.)

A. Yes, Your Honor.

Q. Do you understand that under some circumstances

you or the Government may have the right to appeal any

sentence that I impose?

A. Yes, Your Honor.

Q. Do you understand you will be required to serve

the entirety of any term of incarceration that's imposed

except for good time deductions. Parole is not

available?

A. Yes.

Q. Do you understand that the offense to which you

are pleading guilty is a felony offense; that if your

plea is accepted you will be judged guilty of that

offense and that such adjudication may deprive you of

valuable civil rights such as the right to vote, the

right to hold public office, the right to serve on a

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jury, the right to possess any kind of firearm and

federal benefits?

A. Yes, Your Honor.

Q. Do you understand the sentence that could be

imposed upon you by the Court if you plead guilty?

A. Sorry?

Q. Do you understand the sentence that could be

imposed upon you by the Court if you plead guilty?

A. Yes, Your Honor.

Q. Is your plea voluntary?

A. Yes, Your Honor.

Q. It is the result of force, threats or promises by

anyone to persuade you to plead guilty?

A. No.

Q. Is your decision to plead guilty based on

discussions between the Government's attorney, your

attorney and you?

A. Yes, Your Honor.

Q. Have you ever been treated for any mental illness

or addiction to narcotic drugs?

A. What?

Q. Have you ever been treated for any mental illness

or addiction to narcotic drugs?

A. No, Your Honor.

Q. Are you now under the influence of any drug,

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medication or alcoholic beverage?

A. No, Your Honor.

THE COURT: Does counsel for the Government or

counsel for defense have any doubt as to the Defendant's

competence to plead guilty at this time?

MR. ROSS: The Government does not, Your

Honor.

MR. GERTZ: No, Your Honor.

BY THE COURT:

Q. And, Mr. Allam, do you understand that you have a

right to plead not guilty to any offense charged against

you and to persist in that plea?

A. Yes, Your Honor.

Q. If you plead not guilty you have the right to a

trial by jury, the right to the assistance of counsel for

your defense, including appointed counsel if you are

unable to afford an attorney, the right to file motions

making legal challenges to the Government's case against

you, you have the right to be free from compelled

self-incrimination, the right to see and hear all the

witnesses and have them cross-examined by your attorney

in your defense, the right on your own part to testify or

decline to testify, the right to issue subpoenas or

compulsory process to compel the production of evidence

and the attendance of witnesses on your behalf, and the

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right to a speedy and public trial.

If the Court accepts your plea of guilty there

will be no trial, so by pleading guilty you waive the

right to a trial and these other rights. Do you

understand?

A. Yes, Your Honor.

Q. I understand there is no plea agreement in this

case. Okay. The Government is now going to make a

proffer of proof of the evidence it would offer at the

time of trial to support the charges against you.

MR. ROSS: If this matter were to proceed to

trial, Your Honor, we would prove every element of the

charges beyond a reasonable doubt through admissible

evidence as follows and the stipulation. I am

summarizing from the document styled factual basis in

this case.

The factual basis begins with some background

information. It explains how the Beaumont Police

Department became aware of Allam's presence near a

school. And then on January 29th, 2023, at approximately

4:00 p.m. a Beaumont Police Department officer positioned

his marked patrol unit directly behind an SUV that

belonged to and was occupied by Mr. Allam in the 900

block of Forsythe Street. Allam was inside of the SUV

and parked under a school zone approximately 40 feet

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across from the school's property line adjacent to the

school's playground. The officer observed that the rear

license plate was obscured which was a traffic violation

and at approximately 9:05 p.m. the officer observed the

SUV move a short distance and failed to signal a turn as

described here in the factual basis.

The officer conducted a traffic stop, spoke

with Allam. The factual basis explains how the traffic

stop extended over a period of approximately ten minutes

before Mr. Allam was placed under arrest for the traffic

violations. So after that pursuant to BPD policy,

officers performed an inventory search of the SUV. Early

in the inventory an officer observed a small backpack

located in the center of the rear passenger floorboard

and it was within Allam's reach at the time of the

traffic stop. The officer picked up the backpack to

determine if it had a name for his inventory. While

holding it he noticed it was partially unzipped and he

could see what he recognized to be a marijuana grinder

inside of the backpack. Based on his training and

experience, he knew that that was drug paraphernalia used

to grind up marijuana. At that point he believed he had

probable cause to search the backpack and the vehicle for

narcotics.

When he opened the backpack, the officer found

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in addition to the grinder a fully loaded AR-15 style

magazine and two 50-count boxes of rifle ammunition and

also some what was believed to be at the time synthetic

marijuana. He continued the inventory and search and

found an AR-15 style rifle located on the rear passenger

floorboard. The officer found another 50-count box of

ammunition on the floorboard near the rifle. The rifle,

magazine and ammunition that were recovered from Allam's

possession are described as one Diamond Back Firearms

Model DB15 multi-caliber rifle bearing serial number

DB2615207, also one 30-round magazine and 150 rounds of

ammunition.

The officer also found some computers and a

digital camera with a telephoto lens and some United

States currency.

Finally, an ATF firearm and nexus expert

examined the firearm described above and determined that

it was manufactured outside of the State of Texas and

therefore affected interstate commerce. The expert also

determined that the firearm functioned as designed and

was a firearm within the meaning of federal law.

I would also note, Your Honor, that in

paragraph four of the factual basis, the Defendant

stipulates that he knowingly possessed this firearm.

That concludes my summary of the factual basis, Your

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Honor.

BY THE COURT:

Q. All right. Do you acknowledge and agree with the

Government's summary of the facts constituting proof of

the commission of the offense and the charges against you

in the indictment in every respect?

A. Repeat that.

Q. Yes. Do you acknowledge and agree with the

Government's summary of the facts constituting proof of

the commission of the offense and the charges against you

in the indictment in every respect?

A. Yes, Your Honor. It's just a total of 150 rounds.

Q. What?

A. The way he mentioned it and the way it's written

as if I have more than 150.

MR. GERTZ: It was a total of 150 rounds,

that's what it says.

THE COURT: Okay.

MR. GERTZ: It's fine.

BY THE COURT:

Q. Okay. I am not focusing on that. All right. So

have you signed the document embodying the factual basis

for your plea?

A. Yes, Your Honor.

Q. Do you understand and agree with it?

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A. Yes, Your Honor. It is just there's a few errors

that I don't know if we could change or fix.

(Attorney confers with client.)

THE COURT: Well, Mr. Gertz, I mean if there

is something you want to bring up, otherwise it is as it

is.

(Attorney confers with client.)

MR. GERTZ: Judge, it's a hyper technical

factual issue, but it's in paragraph 5A. The way it

reads between January 5th and January 28th. He is saying

he wasn't there that whole time. He may have been there

on January 5th which is when he had an interaction with

police on a day that may be January 5th and then he was

there in the days leading up to January 29th, but he

wasn't just sitting there from January 5th.

THE COURT: Well, I didn't say that. It just

says between that date, January 5th and January 28th,

2023, the Beaumont Police Department responded to nine

calls for service related to Allam's presence near the

school. They are just talking about the Beaumont Police

Department responding to nine calls. The calls were

having to do with you being near the school. Whether you

were right at that moment near the school, the continuous

period, that's not what that says. It just says within

that time frame there were nine calls for service on

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different days, different times.

THE DEFENDANT: It wasn't me at the school for

that amount of time. I just wanted to make sure

that's --

THE COURT: Okay.

MR. GERTZ: Just making sure that we are not

agreeing that he was sitting there that whole time.

THE COURT: No, I don't think that's what this

says.

MR. GERTZ: Good.

THE COURT: Okay.

MR. GERTZ: We are good, Judge.

THE COURT: No problems? We don't need to

change anything? Okay. Are there any other changes that

you would offer?

MR. GERTZ: He is also mentioning that the way

it is presented they are talking about 150 rounds. It

was a total of 150 rounds, not 150 plus 50 plus 30. He

is just saying it was -- it is not important to the

outcome. It is just 150 rounds total which is what I

think Mr. Ross said.

THE COURT: Well, it looks to me on K that it

is talking about a 30-round magazine and a 150-round

magazine.

MR. GERTZ: I think that's describing the

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magazine. I don't think that's describing the amount

of --

THE COURT: What was -- I understand.

MR. GERTZ: So what was --

THE COURT: The ammunition was 150 rounds, but

the magazines could hold capacity for a certain amount,

different quantities.

MR. GERTZ: Correct. That's what he's

clarifying.

THE DEFENDANT: Also, the firearm was boxed

and it had multiple things on top of it.

THE COURT: Well, okay.

THE DEFENDANT: They said nexus expert had

done a review or something to do with that.

MR. GERTZ: Just means it wasn't made in

Texas, traveled outside the State of Texas.

THE DEFENDANT: Basically saying that it

mentioned that the bag was within reach, which is another

showing me as if I was about to do something or the

backpack had no firearm within the bag.

THE COURT: Had a magazine.

THE DEFENDANT: Just the magazine.

THE COURT: Okay.

THE DEFENDANT: And the backpack was also

closed.

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THE COURT: Well, I thought they could see a

marijuana grinder or something like that.

MR. GERTZ: My recollection of the video is he

grabs the bag and it's open about this much. He looks in

and you can see it on the body camera.

THE COURT: Okay. All right. Well, I don't

see there were any --

MR. GERTZ: It is not change worthy.

THE COURT: -- substantive changes that need

to be made. So anything else?

MR. GERTZ: No.

THE COURT: Tell me in your own words what you

did wrong.

THE DEFENDANT: I was within a thousand feet

and I possessed --

THE COURT: A thousand feet of what?

THE DEFENDANT: Of the school.

THE COURT: Um-hmm.

THE DEFENDANT: Possessed a firearm and it

wasn't intentionally. I didn't know, but --

THE COURT: Well, you knew you had the

firearm, right?

THE DEFENDANT: No, I knew I had the firearm.

I didn't know that I was within the school. I didn't

step foot into the school.

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THE COURT: Right. It's not saying that.

THE DEFENDANT: I had no idea. I was just

like I said, I was having issues with the police officers

and I needed a place, you know, where there was a camera.

Like I said, I'm not from here. I wasn't in a place next

to a camera. I was not positioned next to the

playground. The playground was more than 150 feet away

from where I was parked.

THE COURT: That seems to not quite be

accurate.

MR. GERTZ: It is still within a thousand feet

of the school.

THE DEFENDANT: It is within a thousand feet.

THE COURT: All right.

THE DEFENDANT: I was also sleeping in my

vehicle. I was -- like I said, I was not in the best

place in my life and I was again to myself. I did not,

as you mentioned in another hearing, did not threaten

anyone, did not speak with anyone, did not brandish --

THE COURT: I never had a hearing with you

before.

THE DEFENDANT: But the stuff is not mentioned

here.

THE COURT: This is just a factual basis, just

a synopsis. It is not everything, just little --

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THE DEFENDANT: I just don't want it to

affect --

THE COURT: There is only certain elements of

the offense. If you hit those elements that's enough.

It doesn't matter, really, the other parts are surplus

charges I guess you could say.

MR. GERTZ: Right.

THE COURT: I find there's a proper factual

basis for the plea. And, Mr. Gertz, has the Defendant

been competent and able to cooperate with you?

MR. GERTZ: Yes, Judge.

THE COURT: Do you know of any legal reason

why your client should not plead guilty?

MR. GERTZ: No, Judge.

THE COURT: Do you join in his decision to

plead guilty?

MR. GERTZ: Well, let me back up and say aside

from the issues that we have already raised and the Court

has already ruled on, we don't know of any other reason

to not plead guilty, legal reason.

THE COURT: Do you join in his decision to

plead guilty?

MR. GERTZ: Yes, Judge.

BY THE COURT:

Q. And, Mr. Allam, do you have any questions you

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would like to ask about the charges, your rights, the

sentencing possibilities or anything else regarding this

matter?

A. Not really. I just -- if you could just explain

the process to me because he -- my lawyer explained to me

how we plead guilty, we changed to not guilty and then

something comes after.

Q. Once you have pled guilty, then there's an -- I

will explain it in a minute, but the probation talks with

you and they prepare a presentence investigation and

report and they will calculate the sentencing guidelines

and they will put in factors that might affect the

sentence and then you are able to -- you would be

interviewed, your attorney can be with you. Then once

they prepare the report, then you look at it and you can

make objections or ask for clarifications and things like

that. And then finally when the sentence report --

presentence report is completed, then you come for

sentencing.

A. Sentencing before talks with the probation?

Q. No, after the talks with the probation, there's a

report, a final report. Probation will make a

recommendation. But the Court is not bound by that.

It's a recommendation of probation. Then I look at the

report and then you come for sentencing and then I will

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sentence based on the report and anything your attorney

may have brought up or the Government for that matter.

A. And then I would have a chance to appeal.

Q. Oh, yes.

MR. GERTZ: After sentencing.

THE COURT: Okay.

A. I think that's everything.

Q. Okay. Are you entering your plea of guilty

knowingly, freely, voluntarily and with the advice of

counsel?

A. Yes, Your Honor.

Q. How do you plead as to the offense charged in

Count 1 of the indictment, guilty or not guilty?

A. Guilty, Your Honor.

THE COURT: It is the finding of the Court in

the case of United States vs. Ahmed Abdalla Allam that

the Defendant is fully competent and capable of entering

an informed plea, the Defendant understands the nature of

these proceedings and understands the consequences of his

plea of guilty, that his plea of guilty is a knowing and

voluntary plea supported by an independent basis of fact

containing each of the essential elements of the offense

and the Defendant intended to do the acts he committed.

His plea is, therefore, accepted and he is now judged

guilty of that offense.

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A written presentence report will be prepared

by the probation office to assist the Court in

sentencing. You will be asked to give information for

the report and your attorney may be present if you wish.

You and your counsel will review and fully discuss the

presentence report before the sentencing hearing and you

may make any objections you deem necessary. You and your

attorney will have an opportunity to address the Court at

the sentencing hearing.

The Defendant is now referred to the probation

office for a presentence investigation and report. And

Defendant is remanded to the custody of the United States

Marshal and pending preparation of the presentence report

will again be delivered to this court for purposes of

sentencing. If there's nothing further, then you are

excused.

(Proceedings concluded, 3:42 p.m.)

COURT REPORTER'S CERTIFICATION

I HEREBY CERTIFY THAT ON THIS DATE, OCTOBER 4,

2023, THE FOREGOING IS A CORRECT TRANSCRIPT FROM THE

RECORD OF PROCEEDINGS.

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_____________________________

RUTH C. WEESE, RDR, CSR

TEXAS CSR NO. 9493 Expiration Date: 07-31-2024

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