Albright Sentence Memo

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1Sentencing Memorandum

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United States v. Albright

BENJAMIN B. WAGNERUnited States AttorneyMICHAEL M. BECKWITHJUSTIN L. LEE

Assistant United States Attorney501 I Street, Suite 10-100Sacramento, CA 95814

Telephone: (916) 554-2700

Attorneys for PlaintiffUnited States of America

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

PATRICIA JANE ALBRIGHT,

Defendant.

CASE NO. 2:11-CR-00226-TLN

GOVERNMENTS SENTENCINGMEMORANDUM

The government asks the Court to sentence the defendant to 65 months of

imprisonment in accordance with the parties Rule 11(c)(1)(C) plea agreement. The

government has no objection to the pre-sentence report (PSR).1

In her sentencing filings, it appears the defendant is attempting to paint herself as

something she was not. The defendant in this case was in fact a business manager who,

for number of years, grew marijuana for profit. PSR 7, 22, 24, 55, 110 at page 21

(noting the defendant violated the law for her personal gain). As early as 2002, she

protected her marijuana grows with firearms. PSR 10, 15, 26, 55, 105, 110 at page 21

(the firearms were for the protection of her marijuana crops and . . . she could use them if

anyone came onto her property).

1The government notes that the statements in PSR paragraphs 16 to 21 were provided by the

defendant.

Case 2:11-cr-00226-TLN Document 307 Filed 11/25/15 Page 1 of 5


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The government asks the Court to consider the parties agreement and the attached

exhibits, which the government planned to use at trial. Exhibits 1, 2, 3 and 60 are images

that investigators found in the defendants home. Exhibits 300, 301, 302 and 303 are

printed emails that investigators found in the defendants home.

The defendant exchanged the emails with one of her business partners in 2008 (two

years before her arrest in the present case). These emails demonstrate that money was

the defendants prevailing interest in marijuana. In these emails, the defendant laid out

her argument to renegotiate the percentages that each partner would take from the

monetary proceeds of the 2008 marijuana grow at her Tin Ranch property. 2 The following

are excerpts from those emails:

1.

Exhibit 300

[T]hings this season have not gone as I had wished or planned . . . I was as

the financier and property owner supposed to take the traditional 50% . . .

you coerced me into giving up another 5%. Ex. 300, page 1.

The grove again suffers because you chose to ignore me . . . It is truly

amazing you didnt kill the crop. Ex. 300, page 2.

Do you think that subconsciously you wanted to sabotage your/our successbecause you are afraid of wealth? Ex. 300, page 3.

I had the most to lose . . . All the millions of details to orchestrate in a very

short time. Almost 100k spent and now I get the privilege of paying for your

weed to get trimmed. Ex. 300, page 3.

You all had the opportunity of a lifetime given to you by me. A chance to

learn to grow from a master gardener, live for free, and make a bunch of

money. We would have all made much much more had you listened to me

and had respect for my knowledge and skills in this area . . . the grove is half

the size it could have been . . . Ex. 300, page 3.

2 The markings on these emails appear to be the defendants personal comments and

highlighting. The emails were so marked at the time they were found in the defendants home.



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Its been a lot of my magic that has kept that place alive and protected. You

will find out how powerful I am if you decide to betray me. Ex. 300, page 3.

[H]asnt [John] only had a small outdoor garden [and] never gone big? How

much of a success has he made of his life compared to mine? Do the math.

Ex. 300, page 3.

I am not trying to degrade the hard work you have all done. I know its

hard. I did it myself for years with fifty plants and very little sleep with

people in the woods regularly trying to steal my crop . . . Its just been super

hard for me as a master grower to be by and large ignored. Ex. 300, page 4.

We really could have had a 300lb or more this season and we all could have

taken a year off or invested in whatever. Ex. 300, page 4.

I know youll both be making quite a bit more than you have ever had and

that is all due to me giving you this opportunity. Look at Shawn; he didnt

have too dimes to rub together when I met him and how he owns two big

pieces of land and has his own big grove on it where hes applying the

knowledge that I GAVE him. Ex. 300, page 4.

I am tremendously disappointed in the size of the grove compared to what IKNOW IT COULD HAVE BEEN. Ex. 300, page 4.

2. Exhibit 302

[T]he people I shared that technique with . . . had tremendous success with

it . . . maybe that much success is just too hard for you two to imagine in your

life. Not me.

You knew how I grew and how important it was to double check everything .

. . you didnt . . . I can only figure it was because you arent feeling deserving

of financial freedom . . .

///

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3. Exhibit 303 (Business Partners Response)

It has taken us sometime to process the emails you have sent . . . I think

collectively we have all shared the same goals, to grow a great crop . . . and to

make great money. Ex. 303, page 1.

Our agreement began once we all found the property and decided to do this

thing together. Ex. 303, page 2.

The original agreement was at first 50% 50%. Once we decided that it would

serve us all to have another partner we decided together that you would give

up 5% and we would give up 10% or 5% each, making Matthews 20% mine

20% Jonnys 15% and you 45%. This has been our understood agreement of

all the parties since. Ex. 303, page 2.

We also helped you sell your property on Chalk Bluff, and bring all the items

from that ranch to the next [Tin Ranch]. Ex. 303, page 2.

As you know with new business ventures, one does as much [research] as

possible . . . We did our research. Note in the margin apparently from the

defendant: Follow direction from their Boss. Ex. 303, page 3.

We have done everything in our power to try to save these girls . . . But it isnot productive to have you trying to micromanage without being here. Ex.

303, page 4.

Everything has gone so much more smoothly this year . . . You say that you

expect 300 lbs. Well Shon wrote notes and did everything you told him to do,

and he processed 175 lbs. right? We had 9 less plants than he. How can you

possibly judge how well we did when we are not aware of [our] totals until

everything has been processed. Ex. 303, page 4.

Your management style is very hands on, and I would say that you are a

micro-manager. Note in the margin apparently from the defendant:

Thank God. Ex. 303, page 4.

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I feel that the terms we have been operating under are fair to all people

involved. 45, 20, 20 & 15% respectively is what was agreed to and what we

are sticking with . . . we will not re-enter into negotiations at this late stage

of the game . . . .

I dont appreciate the negative tone and tenor of your emails, so I am asking

that if we speak to each other, we do it as adults and business partners.

The defendant led commercial marijuana growing operations for years. PSR 24,

37. In that process which was made even more dangerous by her use of firearms she

endangered the lives of her son and others. Ultimately, it was the defendant who put a

12-gauge shotgun in the hands of her son and left him at Tin Ranch to protect her

marijuana. PSR 10, 24.

For the reasons stated above, the government asks the Court to sentence the

defendant to 65 months of imprisonment in accordance with the parties Rule 11(c)(1)(C)

plea agreement.

Dated: November 25, 2015

By:

BENJAMIN B. WAGNER

United States Attorney

/s/ MICHAEL M. BECKWITHMICHAEL M. BECKWITH

Assistant United States Attorney

By: /s/ JUSTIN L. LEEJUSTIN L. LEE

Assistant United States Attorney



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Albright Sentence Memo