Free Order on Motion to Dismiss - District Court of Colorado - Colorado

Case 1:00-cr-00177-REB

Document 268

Filed 05/23/2008

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Date: May 23, 2008 Courtroom Deputy: Court Reporter: Probation Officer: Interpreter: Kathy Preuitt-Parks Janet Coppock Keith Williams Adrianna Weisz :

_____________________________________________________________________ Criminal Case No. 00-cr-00177-REB UNITED STATES OF AMERICA, Wayne Campbell

v. 2. LEONOR DOSAL, Nicole Rodarte Defendant. _____________________________________________________________________ SENTENCING _____________________________________________________________________ 8:32 a.m. Court in Session.

Defendant present in court in custody. Appearances of counsel. Court's opening remarks. The parties stipulate to the qualifications of the interpreter.

1

Case 1:00-cr-00177-REB

Document 268

Filed 05/23/2008

Page 2 of 5

Interpreter sworn. Pursuant to 18 U.S.C. § 3352 and F.R.Cr.P.32, the Probation Department has conducted a presentence investigation and has filed a presentence report. Counsel for the Defendant informs the Court that she has read and discussed the presentence report with the defendant. Defendant's counsel made a statement on behalf of the defendant, offered as to information in mitigation of her punishment and commented on the probation officer's determinations and other matters affecting sentence. The Defendant is sworn. Statement to the court by the defendant. Statement to the court by the government. The Court has considered all relevant matters of fact and law, including the following: 1. 2. 3. 4. 5. 6. 7. The nature and circumstances of the offense(s) for which the defendant is being sentenced. The history and characteristics of the offender. The authorized sentences under 18 U.S.C. §3551. The advisory sentence guidelines. The presentence report. The factors to be considered in imposing sentence pursuant to 18 U.S.C. § 3553(a)(1)-(7). The position of the government, the defendant, and the probation department.

Defendant entered a guilty plea on March 28, 2000 to an Information. Court enters findings of fact, conclusions of law, judgment of conviction, sentence(s), and orders. It was ordered as follows: 1. That the plea agreement of the parties as stipulated in Court's Exhibits 1, 1-A, 2 and 2-A is formally approved. That judgment of conviction under Fed.R.Crim.P. 32(k) is entered on the Information.

2.

2

Case 1:00-cr-00177-REB

Document 268

Filed 05/23/2008

Page 3 of 5

3.

That pursuant to the Sentencing Reform Act of 1984, it is the judgment and sentence of this court that the defendant, is committed to the custody of the Bureau of Prison to be imprisoned for a term of time served That pursuant to 18 U.S.C. Section 3583, the defendant is now placed on supervised release for a term of 3 years. That on release from imprisonment the defendant shall be placed on supervised release for a term of 3 years, provided furthermore, that within 72 hours of his release from imprisonment and the custody of the Bureau of Prisons defendant shall report in person to the probation department within the district to which he is released. That immediately following the conclusion of this sentencing hearing, the defendant shall report in person to Probation Officer Keith Williams, to schedule and appointment and time to read, review, discuss, and sign the conditions of supervised release now required and ordered by this court. That while on supervised release, the defendant shall comply with all mandatory conditions of supervised release, prescribed by law at 18 U.S.C. §3583(d) and USSG §5D1.3(a). That while on supervised release, the defendant shall comply with all standard conditions of supervised release in effect throughout this district as imposed by the court. That while on supervised release the defendant shall comply with the following explicit or special conditions of supervised release: · the defendant shall not violate any federal, state or municipal statute, regulation or ordinance in any jurisdiction or place where she may be during the term of his/her supervised release; the defendant shall not possess illegally any controlled substance;; the defendant shall not possess or use any firearm as defined under federal law at 18 U.S.C. § 921, or any destructive device; the defendant shall refrain from the unlawful use of any controlled substance; the defendant shall cooperate in the collection of a sample of her D.N.A.;

4.

5.

6.

7.

8.

9.

· ·

·

·

3

Case 1:00-cr-00177-REB

Document 268

Filed 05/23/2008

Page 4 of 5

·

if the defendant is deported, he shall not re-enter this country illegally; if the defendant is deported and he re-enters this country legally, he shall report to the nearest United States Probation Department within 72 hours of re-entering this country; defendant shall submit to one drug test within fifteen days from his release from his imprisonment to be arranged, scheduled and coordinated by the probation department; defendant shall thereafter, undergo at least two periodic tests for the use of controlled substances, as arranged, scheduled and coordinated by the probation department;

·

·

·

10. 11.

That no fine is imposed. That the defendant shall pay forthwith a special victims' fund assessment of $100.00. That pre-sentence confinement shall be determined by the Bureau Prisons under 18 U.S.C. § 3585. That the defendant is remanded to the custody of the United States Marshal who shall transport the defendant as soon as practicable and with all deliberate speed to the Bureau of Prisons, there to be received and kept in the manner prescribed by law and consistent with the orders of this court.

12.

13.

ORDERED:: Government's Motion to Dismiss the Indictment (Doc #267), filed 5/22/08 is GRANTED. Defendant advised of right to appeal conviction and sentence imposed by the Court. Defendant waives formal advisement of right to appeal. 8:59 a.m. Court in Recess.

Total in court time: 27 minutes

Hearing concluded

4

Case 1:00-cr-00177-REB

Document 268

Filed 05/23/2008

Page 5 of 5

5