Free Order on Motion for Decrease for Acceptance of Responsibility - District Court of Colorado - Colorado

Case 1:04-cr-00433-WDM

Document 582

Filed 12/01/2006

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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: Dee Clark CASE NO. 04-CR-00433-WDM Parties UNITED STATES OF AMERICA, Plaintiff, vs. JORGE LUIS CORONA,

Date: December 1, 2006 Time: 13 minutes Interpreter: Ruth Warner

Counsel Gregory Rhodes

Harvey Steinberg

Defendant.

SENTENCING

1:35 p.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant is present and in custody. 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

Case 1:04-cr-00433-WDM

Document 582

Filed 12/01/2006

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Page Two 04-CR-00433-WDM December 1, 2006 Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range. Comments by Mr. Rhodes in support of Government' Motion for Downward Departure. s Comments by Mr. Steinberg. ORDERED: Government' Motion for Downward Departure (Doc #581), filed 11/28/06 s is GRANTED. Defendant entered his plea on July 28, 2006 to counts 1 and 2 of the Indictment. ORDERED: Defendant's plea of guilty is ACCEPTED. TOTAL OFFENSE LEVEL: CRIMINAL HISTORY CATEGORY: 32 I

RECOMMENDATION OF THE PROBATION OFFICER IS AS FOLLOWS: Guideline Provision Custody Counts 1 and 2 Recommended Sentence

121 to 151 months

121 months per count, to run concurrent, (absent motion for downward departure)

Supervised Release Count 1 Count 2

4 to 5 years 5 years

5 years per count, to run concurrent

Probation Counts 1 and 2 Fine Special Assessment

Precluded by statute NMT $6,000,000 $100 per count

Precluded by statute Not recommended $200

Case 1:04-cr-00433-WDM

Document 582

Filed 12/01/2006

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Page Three 04-CR-00433-WDM December 1, 2006 Restitution Restitution is not recommended in this case. 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, as to counts 1 and 2, to be served concurrently.

ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 5 years, as to counts1 and 2, to be served concurrently. 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 and because there are indications of low risk of further substance abuse by the defendant. 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.

Case 1:04-cr-00433-WDM

Document 582

Filed 12/01/2006

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Page Four 04-CR-00433-WDM December 1, 2006 (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 $200.00 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: Government' Motion for Acceptance of Responsibility is GRANTED. s ORDERED: Defendant advised of right to appeal. Any notice of appeal must be filed within 10 days. 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. 1:48 p.m. COURT IN RECESS 13 minutes

Total in court time: Hearing concluded

Case 1:04-cr-00433-WDM

Document 582

Filed 12/01/2006

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