Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00433-WDM

Document 551

Filed 06/15/2006

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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: Janet Coppock Probation Officer: Lisa Pence CASE NO. 04-CR-00433-WDM Parties UNITED STATES OF AMERICA, Plaintiff, vs. RAUL BELTRAN-FRANCO,

Date: June 15, 2006 Time: .5 hours Interpreter: Julia Davis

Counsel Gregory Holloway

Martha Eskesen

Defendants.

SENTENCING

11:02 a.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant is present and in custody. 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

Case 1:04-cr-00433-WDM

Document 551

Filed 06/15/2006

Page 2 of 4

sentencing guidelines range. Page Two 04-CR-00433-WDM June 15, 2006 Ms. Eskesen addresses sentencing. Defendant addresses the Court. Comments by Mr. Holloway. Defendant entered his plea on March 10, 2006 to an Information. ORDERED: Defendant's plea of guilty is ACCEPTED. TOTAL OFFENSE LEVEL: CRIMINAL HISTORY CATEGORY: 31 I

RECOMMENDATION OF THE PROBATION OFFICER IS AS FOLLOWS: Guideline Provision Custody Supervised Release Probation Fine Special Assessment 108 to 135 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 48 months.

Case 1:04-cr-00433-WDM

Document 551

Filed 06/15/2006

Page 3 of 4

Page Three 04-CR-00433-WDM June 15, 2006 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. (X) Defendant shall not possess a firearm or destructive device. (X) Defendant shall comply with standard conditions recommended by U.S. Sentencing Commission. (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) Mandatory drug testing provisions of 18 U.S.C. § 3583(d) are WAIVED because defendant will likely be deported. 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) 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: Government' Motion for Acceptance of Responsibility is GRANTED. s ORDERED: Government' Motion to Dismiss the Indictment is GRANTED. s

Case 1:04-cr-00433-WDM

Document 551

Filed 06/15/2006

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ORDERED: Defendant advised of right to appeal. Any notice of appeal must be filed within 10 days. Page Four 04-CR-00433-WDM June 15, 2006 ORDERED: A copy of the presentence report shall be forwarded to the U.S. Bureau of Prisons and the U.S. Sentencing Commission. ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal. 11:25 a.m. COURT IN RECESS 25 minutes

Total in court time: Hearing concluded