Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00435-MSK

Document 94

Filed 12/12/2005

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: Carrie Kent Criminal Action No. 04-CR-435-MK Parties: UNITED STATES OF AMERICA, Plaintiff, v. 1. FREDDY GILBERT GONZALES, Defendant. Charles Elliott Counsel: Jaime Pena Date: December 12, 2005

SENTENCING MINUTES ______________________________________________________________________________ 8:08 a.m. Court in session.

Defendant present in custody. Change of Plea Hearing on September 6, 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. 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.

THE DEFENDANT IS SENTENCED AS FOLLOWS:

Case 1:04-cr-00435-MSK

Document 94

Filed 12/12/2005

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Sentencing Minutes Judge Marcia S. Krieger Page 2 IMPRISONMENT: Defendant is sentenced as to Count 2 of the Indictment to a term of imprisonment of 87 months. Court declines to recommend a place of incarceration. Court recommends that the defendant participate in the RDAP program and any other program, educational or vocational, that will assist him in successful reintegration into society once he has completed his sentence. 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/alcohol 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. Defendant shall participate in a program of mental health treatment, specifically for anger management, as directed by the probation officer until such time as defendant is released from the program by the probation officer. Defendant shall pay the cost of the treatment as directed by the probation officer. The Court authorizes the probation officer to release to the treating agency all psychological reports and/or this presentence report for the continuity of treatment.

(X)

Case 1:04-cr-00435-MSK

Document 94

Filed 12/12/2005

Page 3 of 3

Sentencing Minutes Judge Marcia S. Krieger Page 3

. FINE: No fine is imposed because the defendant has no ability to pay a fine SPECIAL ASSESSMENT FEE: Defendant shall pay a Special Assessment Fee of $ 100.00, due immediately. 8:47 a.m. 8:49 a.m. Court in recess. Court in session

Defendant is advised of the right to appeal. ORDER: 8:50 a.m. Defendant is remanded to the custody of the United States Marshal for the District of Colorado. Court in recess.

Total Time: 40 minutes Hearing concluded