Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00413-LTB

Document 90

Filed 12/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE LEWIS T. BABCOCK COURTROOM MINUTES _____________________________________________________________________ Courtroom Deputy: Deborah Hansen Court Reporter: Gwen Daniel Date: December 21, 2005 Probation: Edwin Colunga Interpreter: Adrianne Weisz

______________________________________________________________________ Criminal Action No. 04-cr-00413-1-LTB UNITED STATES OF AMERICA, Plaintiff, v. 1. FRANCISCO JAVIER CASTORENAIBARRA, Defendant. _____________________________________________________________________ SENTENCING _____________________________________________________________________ 08:00 a.m. Court in Session Thomas Mulvahill Counsel: Joseph Mackey

Defendant is present and in custody Interpreter sworn Court's comments Mr. Mackey's comments Government's oral motion for a three-level downward departure (Doc No. 88)

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Case 1:04-cr-00413-LTB

Document 90

Filed 12/21/2005

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Mr. Mulvahill's comments Defendant's statement Defendant plead guilty to an Information on October 7, 2005 ORDERED: Defendant be imprisoned for: 87 months. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of three years. ORDERED: Conditions of Supervised Release: (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 possess a firearm as defined in 18 U.S.C. § 921 (x) Defendant shall comply with standard conditions as adopted by the court (x) Defendant shall not unlawfully possess a controlled substance (x) Mandatory drug testing provisions of 18 U.S.C. § 3583(d) are WAIVED because it is likely that defendant will be deported. SPECIAL CONDITIONS: of Supervised Release (x) Defendant, if deported, shall not return to the U.S. illegally. If the defendant re-enters the United States legally, he/she is to report to the nearest U.S. Probation Office within 72 hours of his return. The Court finds and concludes that the sentence that is imposed is sufficient but not greater than necessary to comply with the purposes set forth in part (2) of 18 U.S.C. § 3553(a). ORDERED: Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be paid immediately ORDERED: No fine is imposed because defendant has no ability to pay a fine, cost of incarceration or supervision. ORDERED: Defendant advised of right to appeal. Defendant is REMANDED to the custody of the U.S. Marshal. The order dismissing the Indictment is entered. 08:30 a.m. Court in Recess 2

Case 1:04-cr-00413-LTB

Document 90

Filed 12/21/2005

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Hearing concluded Time: 30 minutes

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