Free Sentencing - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA - Phoenix DATE: 12/5/2005 CASE NUMBER:

CRIMINAL SENTENCING MINUTES CR 04-00373-006-PHX-JAT

Hon. JAMES A. TEILBORG, United States District Judge #: 7025 USA vs. Arbuary Daniel Fuller DEFT: PRESENT NOT PRESENT Deputy Clerk Teddy Bengtson A.U.S. Attorney Richard I. Mesh Attorney for Defendant Patricia A. Gitre (Appointed) JUDGMENT

:

9

: Custody

Crt Rptr/ECR: David C. German Interpreter Language N/A

[SENTENCE]

9 : : 9 9 : : 9 : 9 : :

Defendant is placed on probation for a period of on Ct(s)

9 with supervision 9 w/o supervision

Committed to the custody of the Bureau of Prisons to be imprisoned for a period of 5 Months on Ct(s) 15 of the Superseding Indictment, concurrent with imprisonment in District Court, Clark County, Nevada
Docket C205415.

Supervised release term of 3 Years by law on Ct(s) 15 Fine of $waived on Ct(s) 15 Restitution of $-0- ordered pursuant to 18 U.S.C. 3596 Special Assessment of $100.00 pursuant to 18 U.S.C. 3013 on Ct(s) 15 On Motion of U.S. Atty: Ct(s) all remaining counts are dismissed as to this defendant only. TOTAL FINE $waived

9 Bond exonerated upon surrender to USM Dft advised of waiver of right to appeal 9 Appeal bond set at $
Order bond exonerated Dft to surrender under Voluntary Surrender Program as directed to the designated institution by the U.S. Marshal. The Court adopts the Magistrate Judge's Findings and Recommendations filed in this matter and accepts the defendant's plea of guilty and plea agreement. Other: The Court is advised by defense counsel that it is not necessary to seal sentencing or associated

documents. Defendant's Objections to Presentence Report and Motion for Downward Departure [194] are argued to the Court. The Court overrules defendant's objections and denies defendant's motion [194]. Government's Motion for Downward Departure and Supplement to Motion for Downward Departure (pursuant to 5K1.1) are argued to the Court. IT IS ORDERED granting Government's Motions for the reasons set forth on the record, resulting in a 4-level downward departure, to Offense Level 8. The Court intends to enter an order that the defendant be given federal credit for time the defendant was incarcerated from the date a writ was issued (on or about 7/8/05) taking him into Federal custody. Having been advised by defense counsel that she has experienced problems in the past with the bureau of prisons complying with such an order , Government having no objection, the Court sentences the defendant to 5 months bureau of prisons, which takes into account defendant's incarceration as described above. (Time in Court: 20 minutes) Case 2:04-cr-00373-JAT Document 217 Filed 12/05/2005 Page 1 of 1