Free Supervised Release - Final Revocation Hrg - District Court of Colorado - Colorado

Case 1:01-cr-00433-WYD

Document 38

Filed 07/16/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Probation: Keith Williams Date: July 16, 2007 Interpreter: Marcela Salazar Courtroom Deputy: Robert R. Keech E.C.R./Reporter: Kara Spitler ___________________________________________________________________________ Criminal Case Nos: 01-cr-00159-WYD; 01-cr-00433-WYD; and 06-cr-00462-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. CRUZ ARTURO AGUIRRE-CORDERO, Martha H. Eskesen Counsel:

Joseph Mackey

Defendant. ___________________________________________________________________________ SENTENCING HEARING and SUPERVISED RELEASE VIOLATION HEARINGS ___________________________________________________________________________ 1:41 p.m. Court in Session - Defendant present (in-custody) Change of Plea Hearing - March 23, 2007, at 2:00 p.m. Plea of Guilty - one-count Indictment APPEARANCES OF COUNSEL. Interpreter sworn (Spanish) Court's opening remarks. 1:42 p.m. 1:43 p.m. 1:45 p.m. Statement on behalf of Government (Mr. Mackey). Statement on behalf of Defendant (Ms. Eskesen). Statement by Defendant on his own behalf (Mr. Aguirre-Cordero).

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Case 1:01-cr-00433-WYD

Document 38

Filed 07/16/2007

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Judge Wiley Y. Daniel 01-cr-00159-WYD; 01-cr-00433-WYD and 06-cr-00462-WYD - Sentencing Minutes Court makes findings. ORDERED: ORDERED: Defendant be imprisoned for 51 months. Upon release from imprisonment, defendant shall be placed on supervised release for a period of 3 years. Conditions of Supervised Release are: Within 72 hours of release from the custody of the Bureau of Prisons, defendant shall report in person to the probation office in the district to which the defendant is released. Defendant shall not commit another federal, state or local crime. Defendant shall not possess a firearm as defined in 18 U.S.C. § 921. Defendant shall comply with standard conditions adopted by the Court. Defendant shall not unlawfully possess a controlled substance. The Defendant shall refrain from the unlawful use of a controlled substance and submit to one drug test within 15 days of release on supervised release and two periodic drug tests thereafter for use of a controlled substance. If the judgment in this case imposes a fine or restitution obligation, it shall be a condition of supervised release that the Defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the schedule of payments set forth in the judgment. The defendant shall cooperate in the collection of D.N.A. as directed by the probation officer. Special Condition(s) of Supervised Release are: If not deported, the defendant shall participate in a program of testing and treatment for drug abuse as directed by the probation officer. Defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. Defendant will be required to pay the cost of treatment as directed by probation.

ORDERED: (X)

(X) (X) (X) (X) (X)

(X)

(X)

ORDERED: (X)

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Case 1:01-cr-00433-WYD

Document 38

Filed 07/16/2007

Page 3 of 4

Judge Wiley Y. Daniel 01-cr-00159-WYD; 01-cr-00433-WYD and 06-cr-00462-WYD - Sentencing Minutes (X) If the defendant is deported, he shall not thereafter re-enter the United States illegally. If the Defendant re-enters the United States legally, he is to report to the nearest U.S. Probation Office within 72 hours of his return. Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be paid immediately. No fine is imposed because defendant has no ability to pay a fine, cost of incarceration or supervision. Defendant advised of right to appeal the sentence imposed by the Court. Any notice of appeal must be filed within ten (10) days. Defendant advised of right to appeal in forma pauperis. Supervised Release Violation Hearing (01-cr-00159-WYD and 01-cr-00433WYD) Statement on behalf of Defendant admitting to violations in 01-cr-00159-WYD and 01-cr-00433-WYD (Ms. Eskesen). Statement on behalf of Government (Mr. Mackey). Statement on behalf of Defendant (Ms. Eskesen). Statement on behalf of Government (Mr. Mackey). Statement by Defendant on his own behalf (Mr. Aguirre-Cordero). Court makes findings and finds that defendant has violated conditions of supervised release. ORDERED: ORDERED: Supervised release is REVOKED in each case. Defendant be imprisoned for 18 months in 01-cr-00159-WYD and 10 months in 01-cr-00433-WYD. The term of imprisonment shall to run concurrent in cases 01-cr-00159-WYD and 01-cr-00433-WYD, but shall run consecutive to the sentence imposed in 06-cr-00462-WYD.

ORDERED:

ORDERED:

ORDERED:

1:50 p.m.

1:51 p.m.

1:54 p.m. 1:55 p.m. 2:02 p.m. 2:03 p.m.

Court RECOMMENDS that the Bureau of Prisons credit defendant for 115 days spent in custody.

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Case 1:01-cr-00433-WYD

Document 38

Filed 07/16/2007

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Judge Wiley Y. Daniel 01-cr-00159-WYD; 01-cr-00433-WYD and 06-cr-00462-WYD - Sentencing Minutes ORDERED: Defendant advised of right to appeal the sentence imposed by the Court. Any notice of appeal must be filed within ten (10) days. Defendant advised of right to appeal in forma pauperis. Defendant is REMANDED to the custody of the U.S. Marshal. Court in Recess - HEARING CONCLUDED

ORDERED: 2:14 p.m.

TOTAL TIME: 0:33

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