Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00433-WDM

Document 478

Filed 02/14/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Darlene Martinez Probation Officer: Pete Stein CASE NO. 04-CR-00433-WDM-08 Parties UNITED STATES OF AMERICA, Plaintiff, vs. RAMON QUINTANA, aka " Pelucho" ,

Date: February 14, 2006 Time: .5 hours Interpreter: Adrienne Weisz

Counsel Gregory Holloway

Richard Banta

Defendant.

SENTENCING

8:45 a.m.

COURT IN SESSION

APPEARANCES OF COUNSEL for defendant. Defendant is present and on bond. Record should reflect Government' counsel Gregory Holloway is not present. s Comments by Mr. Banta. ORDERED: Sentencing hearing rescheduled to 1:00 p.m. this afternoon.

Case 1:04-cr-00433-WDM

Document 478

Filed 02/14/2006

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8:50 a.m. COURT IN RECESS Page Two 04-CR-00433-WDM-08 February 14, 2006 1:00 p.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant is present and on bond. Interpreter sworn. ORDERED: The statement of facts in the Plea Agreement and the Presentence Report are not disputed by the parties and are adopted in the Court's factual findings in this case. The report is incorporated by reference as part of the Court' findings and conclusions. s Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range. Discussion regarding Mr. Holloway' motion to seal, and the procedures that need to be s followed as a result of the motion to seal. Mr. Banta requests a minute to confer with his client. Mr. Banta advises that the defendant wishes to proceed. Mr. Holloway orally moves to withdraw the motion to seal and advises he will file appropriate motion. Comments by Mr. Holloway in support of Government' Motion for Downward Departure. s ORDERED: Government' Motion for Downward Departure is GRANTED. s Yadira Herrera addresses sentencing. Comments by Mr. Banta and Mr. Stein. Defendant entered his plea on July 26, 2005 to an Information. ORDERED: Defendant's plea of guilty is ACCEPTED. TOTAL OFFENSE LEVEL: CRIMINAL HISTORY CATEGORY: 29 II

Case 1:04-cr-00433-WDM

Document 478

Filed 02/14/2006

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Page Three 04-CR-00433-WDM-08 February 14, 2006 RECOMMENDATION OF THE PROBATION OFFICER IS AS FOLLOWS: Guideline Provision Custody Supervised Release Probation Fine Special Assessment 48 months one year Recommended Sentence 48 months one year

Not eligible $15,000 to $150,000 $100

Not recommended Not recommended $100

Restitution Restitution is not an issue. Community Service Community service is not recommended. Court considers statutory factors of 18 USC § 3553(a) in arriving at sentence. ORDERED: Defendant shall be imprisoned for 36 months. Court RECOMMENDS that the Bureau of Prisons place the defendant at FCI Englewood, CO or FCI Florence, CO. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of one year. ORDERED: Conditions of Supervised Release that: (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 illegally possess controlled substances.

Case 1:04-cr-00433-WDM

Document 478

Filed 02/14/2006

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(X) (X)

Defendant shall not possess a firearm or destructive device. Defendant shall comply with standard conditions recommended by U.S. Sentencing Commission.

Page Four 04-CR-00433-WDM-08 February 14, 2006 (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. Mandatory drug testing provisions of 18 U.S.C. § 3583(d) are WAIVED because defendant has not shown any evidence of drug use.

()

ORDERED: Special Condition of Supervised Release that: (X) Defendant shall cooperate in the collection of a DNA sample from the defendant as directed by the probation officer. (X) Defendant shall participate in a program of testing and treatment for alcohol abuse as directed by the probation officer until such time as 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 the cost of treatment as directed by the probation officer. (X) If defendant is deported, he shall not re-enter the United States illegally. If defendant re-enters the United States legally, he is to report to the nearest U.S. Probation Office within 72 hours of he return. (X) Defendant shall comply with the terms and conditions for payment of the special assessment, restitution or fine imposed by this judgment. (X) Defendant shall pay any special assessment, restitution, fine that is imposed by this judgment, and that remains unpaid at the commencement of the term of supervised release. ORDERED: Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment), to be paid immediately ORDERED: No fine is imposed because defendant has no ability to pay a fine. ORDERED: Costs of imprisonment and supervised release are WAIVED. ORDERED: Defendant may surrender voluntarily as follows: Report to the designated institution on or before 12:00 noon on March 13, 2006. ORDERED: Government' Motion for Acceptance of Responsibility is GRANTED. s

Case 1:04-cr-00433-WDM

Document 478

Filed 02/14/2006

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ORDERED: Government' Motion to Dismiss the Indictment as to defendant Ramon s Quintana is GRANTED. ORDERED: Defendant advised of right to appeal. Any notice of appeal must be filed within 10 days. Page Five 04-CR-00433-WDM-08 February 14, 2006

ORDERED: Bond is continued. ORDERED: A copy of the presentence report shall be forwarded to the U.S. Bureau of Prisons and the U.S. Sentencing Commission. 1:30 p.m. COURT IN RECESS 35 minutes

Total in court time: Hearing concluded