Free Sentencing - District Court of Colorado - Colorado

Case 1:01-cr-00357-LTB

Document 148

Filed 12/06/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: Deborah Hansen Court Reporter: Gwen Daniel Date: December 6, 2007 Probation: Laura Ansart and Edward Gadden

______________________________________________________________________ Criminal Action No. 06-cr-00036-LTB 01-cr-00357-LTB UNITED STATES OF AMERICA, Plaintiff, v. Edward Pluss 2. MARTIN HERRERA, Defendant. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ Sentencing in 06-cr-00036-LTB Sentencing in 01-cr-00357-LTB 08:30 a.m. Court in Session Counsel: Kasandra Carleton

Defendant is present and in custody. Court's comments Sentencing in 06-cr-00036-LTB Sentencing Statement by Mr. Pluss

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Case 1:01-cr-00357-LTB

Document 148

Filed 12/06/2007

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Sentencing Statement by Ms. Carleton Defendant's statement Defendant plead guilty to Count One of the Superceding Indictment on September 27, 2007 ORDERED: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the court that the defendant, Martin Herrera, is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of 87 months. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of three years. The sentence imposed is a sentence which the Court finds and concludes is sufficient but not greater than necessary to comply with the purposes set forth in paragraph (2) of 18 U.S.C. § 3553(a). ORDERED: Conditions of Supervised Release: (x) 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 (x) Defendant shall not commit another federal, state or local crime (x) Defendant shall not possess a firearm as defined in 18 U.S.C. § 921 (x) Defendant shall comply with standard conditions as adopted by the court (x) Defendant shall not unlawfully possess a controlled substance (x) 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 at least two periodic drug tests thereafter for use of a controlled substance. (x) Defendant will cooperate in the collection of DNA as directed by the probation officer. SPECIAL CONDITIONS: of Supervised Release (x) Defendant, if deported, shall not return to the U.S. illegally. If the defendant re-enters the United States legally, defendant shall report to the nearest U.S. Probation Office within 72 hours of defendant's return. ORDERED: Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be paid immediately

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Case 1:01-cr-00357-LTB

Document 148

Filed 12/06/2007

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ORDERED: No fine is imposed because defendant has no ability to pay a fine, cost of incarceration or supervision.

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Sentencing in 01-cr-00357-LTB violation of conditions of supervised release

Court's comments Discussion concerning grade of violation of supervised release Ms. Carleton's further comments The court is persuaded and incorporates the Government's analysis of grade of violation of supervised release. Sentencing statement by Mr. Pluss Sentencing statement by Ms. Carleton No statement by defendant. The court finds the defendant violated conditions of supervised release. The court finds there is a Grade A violation and incorporates the findings entered in Case No. 06-cr-00036-LTB. ORDERED: Supervised Release is REVOKED ORDERED: Defendant is committed to the custody of the Bureau of Prisons to be imprisoned for a term of 33 months, to be served consecutive to 06-cr-00036-LTB. The sentence imposed is a sentence which the Court finds and concludes, in light of these two cases, is sufficient but not greater than necessary to comply with the purposes set forth in paragraph (2) of 18 U.S.C. § 3553(a). Defendant advised of right to appeal. Defendant advised of right to appeal in Case No. 06-cr-00036-LTB Mr. Pluss requests placement in a facility in Colorado.

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Case 1:01-cr-00357-LTB

Document 148

Filed 12/06/2007

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ORDERED: The defense request for placement is DENIED. Defendant is REMANDED to the custody of the U.S. Marshal. 09:50 a.m. Court in Recess, Hearing concluded, Time: 1/20

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