Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00435-MSK

Document 96

Filed 03/20/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Probation Officer: Jan Woll Criminal Action No. 04-cr-00435-MSK Parties: UNITED STATES OF AMERICA, Plaintiff, v. 2. ERNESTO MANUEL HERNANDEZ, Defendant. Donald Lozow Counsel: Gregory Rhodes Jaime Pena Date: March 20, 2006

SENTENCING MINUTES ______________________________________________________________________________ 10:04 a.m. Court in session.

Defendant present on bond. Change of Plea Hearing on November 28, 2005. Defendant pled guilty to Count 2 of the Indictment. Parties received and reviewed the presentence report. The Court inquires whether the parties dispute the calculation of the sentence under the Federal Sentencing Guidelines as set forth in the original presentence report or the supplemental addendum. 10:13 a.m. 10:17 a.m. Court in recess. Court in session.

The Court inquires whether the parties contend that the sentence should be different from that calculated under the Sentencing Guidelines in light of the sentencing objectives set forth in 18 U.S.C. Section 3553(a). Allocution. The Government, defense counsel, and defendant were given an opportunity to make statements before sentencing.

Case 1:04-cr-00435-MSK

Document 96

Filed 03/20/2006

Page 2 of 3

Sentencing Minutes Judge Marcia S. Krieger Page 2 ORDER: ORDER: ORDER: ORDER: Motion to Dismiss Counts (Doc. #74) is granted. Count 1 of the Indictment is dismissed. Motion and Notices of Sentencing Factors (Doc. #73) is granted. Government' 5K1.1 Motion for Downward Departure Based on Substantial s Assistance (Doc. #85) is granted. The defendant' plea is accepted and he is adjudged guilty of Count 2 of the s Indictment.

THE DEFENDANT IS SENTENCED AS FOLLOWS: IMPRISONMENT: Defendant is sentenced as to Count 2 of the Indictment to a term of imprisonment of 12 months and 1 day. SUPERVISED RELEASE: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 5 years. Conditions of supervised release: (X) (X) (X) (X) (X) (X) (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. Defendant shall comply with the 14 standard conditions adopted by the Court. Defendant shall not commit another federal, state or local crime. Defendant shall not illegally possess controlled substances. Defendant shall not possess a firearm or destructive device. 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. Defendant shall cooperate in the collection of a DNA sample as directed by the probation officer.

Special conditions of supervised release: (X) Defendant shall participate in a program of testing and treatment for drug abuse as directed by the probation officer until such time as the defendant is released from the program 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 for the cost of treatment as directed by probation.

Case 1:04-cr-00435-MSK

Document 96

Filed 03/20/2006

Page 3 of 3

Sentencing Minutes Judge Marcia S. Krieger Page 3 FINE: Defendant shall pay a fine of $6, 000.00. This fine shall not bear interest. The total monetary obligations will be paid by the time the supervised release period is concluded. SPECIAL ASSESSMENT FEE: Defendant shall pay a Special Assessment Fee of $ 100.00, due immediately. ORDER: ORDER: Motion to Dismiss Counts (Doc. #43) is deemed withdrawn. Motion and Notices of Sentencing Factors (Doc. #47) is deemed withdrawn.

Defendant is advised of the right to appeal. Court finds the defendant is not likely to flee or pose a danger to the safety of any other person or the community. ORDER: ORDER: 10:40 a.m. Defendant shall surrender to the facility designated by the United States Bureau of Prisons before noon on April 17, 2006. Bond shall be discharged at the time of voluntary surrender. Court in recess.

Total Time: 32 minutes. Hearing concluded.