DOJ-OGR-00000548.pdf

Case 1:19-cr-00490-RMB Document 36 Filed 07/24/19 Page 38 of 74 38 had presented in the state of Florida that talked about other allegations leading to the tier three classification. New Mexico, as I understand it -- THE COURT: Before you get to New Mexico, the court, as I read -- and I did this morning. So it's fresh in my mind -- Judge Pickholz -- she relied on the state administrative body that imposed, so to speak, or who in the first instance said that a level 3 was the appropriate level, after considering the series of factors which are reflected in this transcript. You know, judges often do just that. She says in this transcript that she's had many of these cases. They're called SORA hearings. I must say it's -- I don't know what the word is I'm looking for, but you'll read it yourself. She was taken aback I have to say, really taken aback, Judge Pickholz was, that this application was being presented to her. She says things like, I have never even the prosecutor's office do this. So the prosecutor joined in with defense counsel. I think Kirkland & Ellis and the ADA from Vance's office joined together, and they both argued for lowering the offense level from a 3 to a 1. She says a few things like that which are pretty unusual for a judge to say, in effect -- first of all, she said the board made a recommendation. And second, she seemed to be suggesting that this was unique. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000548