Free Sentencing - District Court of Colorado - Colorado

Case 1:01-cr-00359-WYD

Document 365

Filed 01/10/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Probation: Pete Stein Date: January 10, 2007 Interpreter: Cathy Bahr Courtroom Deputy: Robert R. Keech E.C.R./Reporter: Kara Spitler ___________________________________________________________________________ Criminal Case No: 01-cr-00359-WYD UNITED STATES OF AMERICA, Plaintiff, v. 2. BRAULIO MEDINA-GARCIA, Christopher T. Leach Counsel: Guy Till

Defendant. ___________________________________________________________________________ SENTENCING ___________________________________________________________________________ 9:10 a.m. Court in Session - Defendant not present Change of Plea Hearing - September 25, 2006 Plea of Guilty - count one of Information APPEARANCES OF COUNSEL. Court' opening remarks regarding the late filing of the motion to continue. s ORDERED: Defendant' Motion to Continue Sentencing (#361 - 1/9/07) is DENIED. s Court will recess until Mr. Medina-Garcia arrives. 9:13 a.m. 9:37 a.m. Court in Recess Court in Session - Defendant present (on-bond) Interpreter sworn (Spanish)

Case 1:01-cr-00359-WYD

Document 365

Filed 01/10/2007

Page 2 of 3

Judge Wiley Y. Daniel 01-cr-00359-WYD - Sentencing Minutes 9:38 a.m. 9:38 a.m. 9:40 a.m. Statement on behalf of Government (Mr. Till). Statement on behalf of Defendant (Mr. Leach). Statement by Defendant on his own behalf (Mr. Medina-Garcia). Court makes findings. ORDERED: ORDERED: Defendant be imprisoned for 60 months. Upon release from imprisonment, defendant shall be placed on supervised release for a period of 3 years. Conditions of Supervised Release are: 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 not commit another federal, state or local crime. Defendant shall not possess a firearm as defined in 18 U.S.C. § 921. Defendant shall comply with standard conditions adopted by the Court. If the judgment in this case imposes a fine or restitution obligation, it shall be a condition of supervised release that the Defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the schedule of payments set forth in the judgment. Defendant shall not unlawfully possess a controlled substance. The Court will waive the mandatory drug testing provisions of 18 U.S.C. § 3583(d) for supervised releases cases as the there is no current or past history of substance abuse. The defendant shall cooperate in the collection of D.N.A. as directed by the probation officer.

ORDERED: (X)

(X) (X) (X) (X)

(X) (X)

(X)

Case 1:01-cr-00359-WYD

Document 365

Filed 01/10/2007

Page 3 of 3

Judge Wiley Y. Daniel 01-cr-00359-WYD - Sentencing Minutes ORDERED: (X) Special Condition(s) of Supervised Release are: If the defendant is deported, he shall not re-enter the United States illegally. If the Defendant re-enters the United States legally, he is to report to the nearest U.S. Probation Office within 72 hours of his return. Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be paid immediately. No fine is imposed because defendant has no ability to pay a fine, cost of incarceration or supervision. Defendant advised of right to appeal the sentence imposed by the Court. Any notice of appeal must be filed within ten (10) days. Defendant advised of right to appeal in forma pauperis. Defendant may surrender voluntarily as follows: Report to the designated institution on or before Monday, February 12, 2007, at 12:00 noon. Government' Motion to Dismiss (#362 - 1/10/07) is GRANTED. s Order (Granting Government' Motion to Dismiss) is APPROVED BY THE s COURT. Government' oral motion to dismiss superseding indictment. s ORDERED: ORDERED: Government' oral motion to dismiss superseding indictment is GRANTED. s Proposed order shall be modified to dismiss superseding indictment.

ORDERED:

ORDERED:

ORDERED:

ORDERED:

ORDERED:

The court finds that defendant is not likely to flee or be a danger to self or others and it is ORDERED: BOND CONTINUED. 9:58 a.m. Court in Recess - HEARING CONCLUDED

TOTAL TIME: 0:24