Free Judgment for Revocation - District Court of Colorado - Colorado

Case 1:04-cr-00433-WDM

Document 583-2

Filed 12/05/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 04-CR-00433-WDM

3 UNITED STATES OF AMERICA, 4 Plaintiff, 5 vs. 6 JORGE LUIS CORONA, 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceeding Recorded by Mechanical Stenography, Transcription Produced via Computer by Janet M. Coppock, 901 19th Street, Room A257, Denver, Colorado, 80294, (303) 893-2835 Defendant. _______________________________________________________________ REPORTER'S TRANSCRIPT Excerpt of Sentencing: Order _______________________________________________________________ Proceedings before the HONORABLE WALKER D. MILLER, Judge, United States District Court for the District of Colorado, commencing at 1:30 p.m., on the 1st day of December, 2006, in Courtroom A902, United States Courthouse, Denver, Colorado. APPEARANCES GREGORY RHODES, Assistant U.S. Attorney, 1225 17th Street, Suite 700, Denver, Colorado, 80202, appearing for the plaintiff. HARVEY ABE STEINBERG of Springer & Steinberg, P.C., 1600 Broadway, Suite 1200, Denver, CO 80202, appearing for the defendant.

Case 1:04-cr-00433-WDM

Document 583-2

Filed 12/05/2006

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT:

PROCEEDINGS I incorporate the Presentence

Investigation Report as part of my findings and conclusions for purposes of this sentencing and would note that the guideline conclusions are summarized and do start off with a base offense level of 32 given the weight of drugs involved and is increased by three levels because the defendant's role in the enterprise as a manager or supervisor, but then reduced by three. Has the Government filed its motion? MR. RHODES: We filed a 5K and we also filed the

motion for defendant to receive a third level for acceptance of responsibility under USSG 3E1.1(b), Your Honor. THE COURT: level then is 32. All right. So that the resulting offense

Defendant has no prior criminal history and With that offense level and

is in Criminal History Category I.

criminal history category, the guidelines would recommend 121 to 151 months, supervised release of four to five years. not eligible for probation. He is

The fine range would be not more

than $6 million and the special assessment is $100 per count or $200. The Government has filed a motion for downward departure pursuant to Section 5K1.1 and states in general terms that he has provided substantial assistance and has done so at risk, but it has resulted in further prosecution. (A portion of the proceedings was not transcribed.)

Case 1:04-cr-00433-WDM

Document 583-2

Filed 12/05/2006

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THE COURT:

I will accept the position of the

defendant with regard to burdens and as a consequence not enhance to the extent recommended and will also accept the Government's recommendation as to the motion for downward departure given his substantial assistance. And with that I do order that pursuant to the Sentencing Reform Act, it is my judgment that the defendant be committed to the custody of the Bureau of Prisons for a term of 48 months on each of Counts 1 and 2 to be served concurrently. Upon release he is placed on supervised release for a term of five years to run concurrently and shall report within 72 hours of his release to the nearest probation office. Defendant shall not commit another federal, state or local crime; shall not possess a firearm; and shall comply with the standard conditions adopted by this Court. I waive mandatory drug testing because the defendant is likely to be deported and the Presentence Report also indicates a low risk of future substance abuse, but I do order that he cooperate in the collection of a DNA sample. If defendant is deported, he shall not re-enter the United States illegally. If he re-enters legally, he shall

report to the nearest probation office within 72 hours of return. Defendant shall pay the special assessment of $200 which is due immediately, and the Court finds that he does not

Case 1:04-cr-00433-WDM

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Filed 12/05/2006

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have the ability to pay a fine and waive the fine in this case. I do accept the tendered plea which means you are convicted. You cannot appeal that conviction, but you could To do so you must file a If you I

appeal this sentence if you wish.

notice of appeal within 10 days of entry of judgment.

do not file by that time, you lose the right to appeal.

would also advise you that the Court would appoint an attorney to represent you if you cannot afford one, and if you requested, the Clerk of the Court would assist you in preparing and filing a notice of appeal. REPORTER'S CERTIFICATE I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. at Denver, Colorado, this 1st day of December, 2006. Dated

______________________________ Janet M. Coppock