Wesley Hadsell Arrested 21-22 March 2015 #2

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Checking Pacer, looks like today is the deadline for WH to make any Objections to the Pre Sentence Investigation report... March 18, 2016 @ 10 a.m. is Sentencing Hearing on the charges he plead guilty to.

U.S. District Court
Eastern District of Virginia - (Norfolk)
CRIMINAL DOCKET FOR CASE #: 2:15-cr-00116-AWA-RJK-1


Case title: USA v. Hadsell
Magistrate judge case number: 2:15-mj-00469

Date Filed: 09/16/2015

11/06/2015 37 Sentencing Procedures Order as to Wesley Paul Hadsell. Signed by District Judge Arenda L. Wright Allen and filed on 11/6/15. (lhow) (Entered: 11/06/2015)

02/11/2016 38 PRESENTENCE INVESTIGATION REPORT (Disclosed Presentence Investigation Report) (SEALED - government and defense counsel) Addnedum Date: 03/09/2016 as to Wesley Paul Hadsell. Objections to PSI due 03/02/2016. (hayes, terri) (Entered: 02/11/2016)

** Pre Sentence Investigation Report it is sealed, per the doc, and the website**

3. The Presentence Investigation Report, including guideline computations, shall be completed and
provided to the parties at least THIRTY-FIVE (35) DAYS prior to the sentencing hearing. A copy of this policy
statement shall operate as notice to counsel that the presentence report will be furnished by the Probation Office
THIRTY-FIVE (35) DAYS prior to the sentencing hearing. A copy of the presentence report may not be disclosed
to persons other than the defendant..

4. If, after a review of the presentence report, there are no factors or facts material to guideline
computations in dispute, counsel shall file a stipulation signed by the defendant and all counsel within FOURTEEN
(14) DAYS after receiving the presentence report

5. A party objecting to guideline determinations or facts in the presentence report shall deliver a
written statement to the Probation Officer and opposing counsel within FOURTEEN (14) DAYS after receiving the
presentence report setting forth any objections and any authorities relied upon

....goes thru the timeline and procedure
10. The United States Probation Officer shall transmit to the sentencing judge the presentence
investigation report, including guideline computations, and an addendum indicating any unresolved objections by
the parties with respect to the application of the guidelines SEVEN (7) DAYS prior to the sentencing hearing.

11. All motions for upward or downward departure, responses, and rebuttal shall be filed and served
FOURTEEN (14), SEVEN (7), and FOUR (4) DAYS, respectively, before the sentencing date. A copy shall also
be delivered to the Probation Officer on the same dates.

12. Failure of counsel to adhere to the times set forth in this Order shall result in written notification to the
Court by the Probation Officer, with a copy provided to all counsel.

13. The times set forth in this Order may be modified by the Court for good cause shown. Time
periods under this Order shall be CALENDAR days; no extra days for mailing shall be permitted. Except for the
Presentence Investigation Report itself, all papers and pleadings may be filed and served on opposing counsel and
the Probation Officer by facsimile mail, provided that such papers and pleadings bearing one original signature are
simultaneously served by regular mail. In computing any period of time under this Order, if any deadline falls on a
Saturday, Sunday, or holiday, the deadlineshall be the FIRST (lsl) BUSINESS DAY after the Saturday, Sunday, or
holiday.
It is SO ORDERED.
Nov, 6, 2015
 
Today its been a year since AJ was last seen by anyone, that we know of anyway. Prayers for her Family..
 
arkansasmimi said:
Today its been a year since AJ was last seen by anyone, that we know of anyway. Prayers for her Family..
Click to expand...

I've been thinking about her too since I knew today was coming up. I hope her family gets answers and closure one day.
 
Momoffourboys said:
http://wavy.com/2016/03/04/new-witness-comes-forward-in-hadsell-case/

New witness comes forward in Hadsell case
Click to expand...

Thanks so much for this promising information.

I could not get the video to play on the WAVY page,
but WAVY also uploaded a video to YouTube, which I was able to watch:
https://www.youtube.com/watch?v=oIGA4IvCqIE#t=0

Here are a few of many interesting moments in the video:

WAVY: "We've learned inmate insight could give police and loved ones
the closure they've been waiting for."
https://www.youtube.com/watch?v=oIGA4IvCqIE#t=9
(~00:09)

WAVY: "We now know someone who says he has information about the case
is talking with police."
https://www.youtube.com/watch?v=oIGA4IvCqIE#t=29
(~00:29)

WAVY: "...[N]ew testimony could crack this case wide open."
https://www.youtube.com/watch?v=oIGA4IvCqIE#t=51
(~00:51)

LE: "When our investigators put their hands on it,
they want to to be 100 percent confident that
who they're putting in front of that judge
is the right person, so that family can move forward.
https://www.youtube.com/watch?v=oIGA4IvCqIE#t=149
(~02:29)
 
3/03/2016 39 MOTION to Withdraw as Attorney Motion to Withdraw as Counsel by Keith Kimball and Kirsten Kmet. by Wesley Paul Hadsell. (Kimball, Keith) (Entered: 03/03/2016)

03/07/2016 40 ORDER granting 39 Defense counsel's Motion to Withdraw as follows: for good cause shown, counsel Keith Kimball is permitted to withdraw as counsel for Defendant Wesley Paul Hadsell (1) in this matter. The Clerk is directed to appoint new Lead Counsel for Defendant Wesley Paul Hadsell. The sentencing set for March 18, 2016 at 10 am is STRICKEN. Following the appointment of new counsel, counsel for the parties shall confer and contact this Court's Courtroom Deputy for purposes of setting a new sentencing date for this action. Signed by District Judge Arenda L. Wright Allen on 3/7/2016. (Allen, Arenda) (Entered: 03/07/2016)

03/07/2016 Terminate sentencing set for 3/18/16. Matter to be reset. (lhow) (Entered: 03/07/2016)
 
Mr. Hadsell is pending sentencing after having pled guilty to Count One of the Superseding Indictment charging him with Possession of Ammunition by a Convicted Felon in violation of 18U.S.C. § 922(g). The sentencing hearing is scheduled for March 18, 2016. The Pre-Sentence Report(“PSR”) has been prepared and the probation officer has classified Mr. Hadsell as an “armed career criminal” pursuant to 18 U.S.C. § 924(e). The defense has notified the probation officer of Mr.Hadsell’s objection to this determination (1) The issue of whether Mr. Hadsell is an “armed career criminal” and thus subject to an increased statutory range of imprisonment (i.e. 15 years to life) will be a contested issue at sentencing.
(1)
The defense has also raised objections to the guideline calculations contained in the PSR
Click to expand...

First, we have to remember that this is only about the Federal Charges that WH has pled guilty to. There was are Pre Sentencing Guidelines that they go by. The Probation Officer files his/her report and then WH can object as it appears he has chosen to do.

JMHO, since the only thing they are dealing with here (WH plea bargained a guilty.. some charges were dropped)is the Sentencing. That again would be the only thing that "other client" would be able to have any influence in to begin with in this particular case (or as it appears to me, by the understanding of what left to do in this case at hand).
 
First on what those statues where they referenced, again which have to do with the Sentencing..

Here is an interesting read:
The Armed Career Criminal Act
18 U.S.C. § 924(e)
I. The Statute - 18 U.S.C. § 924(e)
A. Applies to defendants convicted under 18 U.S.C. § 922(g) (essentially the
felon in possession charge; however, it can apply to anyone who possesses a
firearm as a prohibited person (i.e, dishonorably discharged from the Armed
Forces, declared mentally incompetent, etc)).
B. Increases the statutory penalty from a maximum of 10 years imprisonment to
a minimum mandatory term of 15 years imprisonment. Since there is no
statutory maximum described in the statute, the maximum islife imprisonment.
United States v. Brame, 997 F.2d 1426, 1428 (11 Cir. 1993). Also increases
the maximum term of supervised release from 3 years to 5 years.
C. No Apprendi problem? Because the statutory maximum is increased by virtue
of a prior conviction, the holding in Apprendi does not apply. Thus, the
enhancement is considered a sentencing enhancement determined by the court
at the sentencing. (However, you should still object at sentencing to preserve
the issue for appeal.)
D. All three prior qualifying convictions must have been committed and final by
the time the defendant possessed the gun in the instant case. United States v.
Richardson, 166 F.3d 1360 (11 Cir. 1999
** more at link https://www.fd.org/docs/select-topics---common-offenses/acca.pdf
 
18 U.S. Code § 922 - Unlawful acts
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
https://www.law.cornell.edu/uscode/text/18/922
 
18 U.S. Code § 924 - Penalties
(e)
(1) In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined under this title and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g).
(2) As used in this subsection—
(A) the term “serious drug offense” means—
(i) an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46 for which a maximum term of imprisonment of ten years or more is prescribed by law; or
(ii) an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), for which a maximum term of imprisonment of ten years or more is prescribed by law;
(B) the term “violent felony” means any crime punishable by imprisonment for a term exceeding one year, or any act of juvenile delinquency involving the use or carrying of a firearm, knife, or destructive device that would be punishable by imprisonment for such term if committed by an adult, that—
(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or
(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another; and
(C) the term “conviction” includes a finding that a person has committed an act of juvenile delinquency involving a violent felony.
https://www.law.cornell.edu/uscode/text/18/924
 
“Other client’s” information is not directly related to the charge for which Mr. Hadsell is to be sentenced. However, “other client’s” information is potentially related to Mr. Hadsell’s sentence. Thus, it is counsel’s understanding that the information from “other client” could potentially be utilized at Mr. Hadsell’s sentencing. Additionally, based upon information and belief, there is a strong possibility that the “other client” could ultimately become a potential witness against Mr. Hadsell if he is prosecuted - in state or federal court - with a crime relating to his adopted daughter’s disappearance and/or death.
Click to expand...

JMHO, "other client" information is going to be related to drugs. Remember too, the State has that unserved warrant for drugs allegedly found in the hotel room.
JMHO, this "other client" who now wants to speak with the Government possibly has first hand knowledge of how AJ came into contact with the heroin found in her body. The first sentence in this quote, very possibly means this is new information due continued LEO investigation and someone charged in regards to drugs in area. Someone is working on a plea bargain for sure. That is the job of the Federal Public Defender, to get best possible outcome for their clients. In this case, would definitely be helpful if information found to be factual. LEO would have to be able to link evidence directly to AJ case with information from "other client". Depending on the weight of this alleged information, would determine what charges possible to charge WH in regards to AJ. So far, has not been determined a murder (to best of my knowledge). I don't think there is going to be any homecoming for WH for many years. By his having the ammo for sure. No pass on that from me. On the other potential charges with "other client" alleged plea bargain info. We will have to wait and see what that turns out to be. IIRC from someone else looking up the laws in VA they are very strong even for small amount of drugs.
Counsel recently became aware that the Office of the Federal Public Defender represents another individual whose interests are adverse to those of Mr. Hadsell. Specifically, this “other client” has certain information about Mr. Hadsell and the “other client” wants and intends to cooperate with the Government. In fact, this “other client” has already provided his/her information to law enforcement/the Government with the hope that he/she receives a reduction in his/her state sentence and federal sentence for “substantial assistance.”
Click to expand...

**Outstanding Warrants City of Norfolk http://www.norfolk.gov/index.aspx?NID=335
HADSELL WESLEY PAUL POSSESSION OF CONTROLLED SUBSTANCES M W 5/21/1978 603 200 BLU BRO 10/7/2015
 
I truly hope this is something that will give answers to the family. I think most of us thought Wes would run his mouth but I'm not so sure he would to this guy. Plus what can he say that can be proven? Why would he write a letter to Wes? This is a new tactic to me. I expected it to be someone that was more involved than this. I guess nothing came of the dark green Dodge caravan. Justice for AJ, such a sweet girl.
 
Uuuuhhh, I have an idea----- lets not give that guy a reduced sentence!!! At ALL!!!!!! Hes super scary dangerous.
 
klily444 said:
Cross post

http://wtkr.com/2016/03/14/sources-jailhouse-snitch-connects-wesley-hadsell-to-stepdaughters-death/

Not sure which thread is most appropriate.
Click to expand...

Ummm this dude is per this article serving a Life Sentence + 30 years! No doubt he wants to make a deal. I agree with MPNOLA, no deal!

Ex-Navy reservist sentenced to life for Norfolk rape
Dec 13, 2014
Snip>

A former Navy reservist was sentenced Friday to life in prison plus 30 years for breaking into a Norfolk home in 2008 and raping a woman he did not know.

Authorities also say Amin Jason Carl Garcia, 25, returned to the house a month later and sexually assaulted the woman's daughter, but prosecutors chose to pursue the charges involving the mother first.

"There is no other way to describe him other than to say predator," Deputy Commonwealth's Attorney Phil Evans said. "He has the capacity, the audacity and the will to go back."

Garcia - who is also awaiting trial in federal court on charges he sexually assaulted an Army captain in 2010 while serving in Kuwait - maintained his innocence in August during a multiday bench trial in Norfolk Circuit Court. Garcia's defense: He was having a sexual relationship with the mother that fell apart when he started having a relationship with her 15-year-old daughter.

http://pilotonline.com/news/local/c...cle_dc225a6b-5310-57fa-aa49-baa01ca5b375.html
 
If I'm reading correctly he's currently facing life+30. I say make the deal & shave off a year. Okay fine, two at most.
 
Ontario Mom said:
If I'm reading correctly he's currently facing life+30. I say make the deal & shave off a year. Okay fine, two at most.
Click to expand...

Making deals doesn't always have to be about a shorter sentence. There are other things that can use as bargaining too. Facility closer to family or location. Other things to make his life behind bars easier. If guy is in Federal Prison, there is possiblity of many things to barter with than in the State Prison system. JMHO
 
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