Opinion
CASE NO. 11-CR-00343-PAB
02-17-2012
UNITED STATES OF AMERICA, Plaintiff, v. JOEL MELKIN BANEGAS-PACHECO, Defendant.
Lillian Alves Edward Pluss
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Janet Coppock
Probation Officer: Sergio Garza
Time: 27 minutes
Interpreter: Marcella Salazar
Counsel
Lillian Alves
Edward Pluss
SENTENCING
9:03 a.m. COURT IN SESSION
APPEARANCES OF COUNSEL. Defendant is present and in custody.
Interpreter sworn with no challenges to her/his qualifications.
ORDERED: The statement of facts in the Plea Agreement and the Presentence Report are not disputed by the parties and are adopted in the Court's factual findings in this case. The report is incorporated by reference as part of the Court's findings and conclusions.
ORDERED: Defendant's Amended Objections to Presentence Investigation Report (Doc #28), is WITHDRAWN.
ORDERED: United States' Motion for 1-Level Variance in Defendant's Offense Level for Acceptance of Appellate Waiver (Doc #17), is GRANTED.
Argument by Mr. Pluss in support of defendant's Motions for Non-Guideline Sentence and comments addressing sentencing.
Argument by Ms. Alves and comments addressing sentencing.
Defendant addresses the Court.
Court states its findings and conclusions.
ORDERED: Defendant's Motions for Non-Guideline Sentences (Docs #20 and 22), are DENIED.
Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range.
Defendant entered his plea on November 1, 2011 to the one count Indictment.
ORDERED: Court ACCEPTS the Plea Agreement.
Court considers statutory factors of 18 USC § 3553(a) in arriving at sentence.
ORDERED: Defendant shall be imprisoned for 51 months.
ORDERED: Defendant shall cooperate in the collection of a DNA sample from the defendant as directed by the probation officer.
Defendant is advised that if he enters or remains in the United States illegally, possesses a firearm or illegally possesses a controlled substance, he/she may be subject to further federal prosecutions.
ORDERED: Defendant advised of right to appeal. To the extent to which the defendant has waived some appellate rights, he is directed to consult with the plea agreement and his attorney.
ORDERED: A copy of the presentence report shall be forwarded to the U.S. Bureau of Prisons and the U.S. Sentencing Commission.
ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.
9:30 a.m. COURT IN RECESS
Total in court time: 17 minutes
Hearing concluded