Free Sentencing - District Court of Colorado - Colorado

Case 1:03-cr-00214-WDM

Document 313

Filed 05/19/2006

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

Courtroom Deputy: Bernique Abiakam Court Reporter: Janet Coppock Probation Officer: Caryl Ricca

Date: May 19, 2006 Time: 17 minutes Interpreter: Ruth Warner

CASE NO. 03-cr-00214-WDM Parties UNITED STATES OF AMERICA, Plaintiff, vs. JOSE ALFREDO PRIETO, Defendant. Charles Elliott Counsel Jaime Pena

SENTENCING

11:02 a.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant is present in custody. Discussion regarding Presentence Investigation Report. 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.

Case 1:03-cr-00214-WDM

Document 313

Filed 05/19/2006

Page 2 of 3

03-cr-00214-WDM Sentencing May 19, 2006

11:04 a.m.

Statement by Mr. Jurdem.

ORDERED: Government's 5K1.1 Motion For Downward Departure Based on Substantial Assistance (Filed 5/16/06; Doc. No. 310) is GRANTED. 11:10 a.m. Statement by Defendant.

Court states its findings and conclusions for the record. Defendant entered his plea on March 15, 2005 to counts Two and Three of the Indictment. ORDERED: Defendant's plea of guilty is ACCEPTED. Court considers statutory factors of 18 USC § 3553(a) in arriving at sentence. ORDERED: Defendant shall be imprisoned for 45 months on counts two and three to be served concurrently with themselves and with the sentence imposed by the District of Wyoming, Case No. 03-cr-00235-D. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 3 years on count two and 5 years on count 3 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. 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. 2

Case 1:03-cr-00214-WDM

Document 313

Filed 05/19/2006

Page 3 of 3

03-cr-00214-WDM Sentencing May 19, 2006

(X)

(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 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. Defendant shall comply with the terms and conditions for payment of the special assessment, restitution or fine imposed by this judgment. 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.

(X)

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: Defendant advised of right to appeal. Any notice of appeal must be filed within 10 days. ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal. ORDERED: A copy of the presentence report shall be forwarded to the U.S. Bureau of Prisons and the U.S. Sentencing Commission. ORDERED: Motion to Dismiss Counts One and Four of The Indictment and The Superseding Indictment (Filed 5/16/06; Doc. No. 312) is GRANTED. 11:19 a.m. COURT IN RECESS

Total in court time: 17 minutes Hearing concluded.

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