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Case 1:19-cr-00490-RMB Document 36 38 Filed 07/24/19 Page 38 of 74 1 had presented in the state of Florida that talked about other 2 allegations leading to the tier three classification. 3 New Mexico, as Il understand it -- 4 THE COURT: Before you get to New Mexico, the court, 5 as I read -- and I did this morning. So it's fresh in my 6 mind —— Judge Pickholz she relied on the state 7 administrative body that imposed, so to speak, or who in the 8 first instance said that a level 3 was the appropriate level, 9 after considering the series of factors which are reflected in 10 this transcript. 11 You know, judges often do just that. She says in this 12 transcript that she's had many of these cases. They're called 13 SORA hearings. I must say it's -- I don't know what the word 14 is I'm looking for, but you'll read it yourself. 15 She was taken aback I have to say, really taken aback, 16 Judge Pickholz was, that this application was being presented 17 to her. She says things like, I have never even th 18 prosecutor's office do this. So the prosecutor joined in with 19 defense counsel. [ think Kirkland & Ellis and the ADA from 20 Vance's office joined together, and they both argued for 2] lowering the offense level froma 3 toa l. 22 She says a few things like that which are pretty 28 unusual for a judge to say, in effect -- first of all, she said 24 the board made a recommendation. And second, she seemed to be 25 suggesting that this was unique. SOUT H E RN D STR CT RE PORT 2) (212) 80 ERS, 5-0300 DOJ-OGR-00000548