Opinion
CASE NO. 10-CR-00326-PAB-03
08-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. 3. SERENA BENAVIDEZ, Defendant.
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Janet Coppock
Probation Officer: Sergio Garza
Counsel
Kasandra Carleton
MJ Menendez
Special Agent Shane Messner
Anthony Viorst
SENTENCING
3:41 p.m. COURT IN SESSION
APPEARANCES OF COUNSEL. Defendant is present and in custody.
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.
Comments by Ms. Carleton in support of Government's Motion for Downward Departure Pursuant to U.S.S.G. § 5K1.1 (Doc # 1694), filed 8/9/11.
Argument by Mr. Viorst in support of Defendant's Request for Downward Variance, and for Imposition of 14-Month BOP Sentence, Pursuant to 18 U.S.C. § 3553(a) (Doc # 1700), filed 8/10/11 and comments addresses sentencing.
Mr. Carleton addresses sentencing.
Defendant addresses the Court.
Court states its findings and conclusions.
ORDERED: Government's Motion for Downward Departure Pursuant to U.S.S.G. § 5K1.1 (Doc # 1694), filed 8/9/11, is GRANTED.
ORDERED: Defendant's Request for Downward Variance, and for Imposition of 14-Month BOP Sentence, Pursuant to 18 U.S.C. § 3553(a) (Doc # 1700), filed 8/10/11, is DENIED.
Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range.
Defendant entered her plea on June 3, 2011 to an Information.
ORDERED: Defendant's plea of guilty is ACCEPTED.
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 18% months.
ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of one year.
ORDERED: Conditions of Supervised Release that:
(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 illegally possess controlled substances.
(X) Defendant shall not possess a firearm or destructive device.
(X) Defendant shall comply with standard conditions recommended by U.S. Sentencing Commission.
(X) Defendant shall refrain from the unlawful use of a controlled substance and submit to one drug test within 15 days of release on supervised release and at least two periodic drug tests thereafter for use of a controlled substance.
(X) Defendant shall cooperate in the collection of a DNA sample from the defendant as directed by the probation officer.
() Mandatory drug testing provisions of 18 U.S.C. § 3583(d) are WAIVED because the presentence investigation report indicates a low risk of future substance abuse by the defendant.
ORDERED: Special Condition of Supervised Release that:
(X) Defendant shall participate in and successfully complete a program of testing and/or treatment for substance abuse as directed by the probation officer until such time as defendant is released from the program by the probation officer. Defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. Defendant will be required to pay the cost of treatment as directed by the probation officer.
(X) Defendant shall participate in and successfully complete a program of mental health treatment, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant will be required to pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment.
(X) Defendant shall remain medication compliant and shall take all medications that are prescribed by her treating psychiatrist. The defendant shall cooperate with random blood tests as requested by his treating psychiatrist and/or supervising probation office to ensure continuity of treatment.
(X) Defendant shall pay any special assessment, restitution, fine that is imposed by this judgment, and that remains unpaid at the commencement of the term of supervised release.
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.
ORDERED: Costs of imprisonment and supervised release are WAIVED.
ORDERED: Government's Motion to Dismiss Counts One, Ninety-Seven, Ninety-Eight, Ninety-Nine, One Hundred, One Hundred-One and One Hundred Forth-Three of the First Superseding Indictment (Doc #1696), filed 8/9/11, is GRANTED.
ORDERED: Defendant advised of right to appeal. Any notice of appeal must be filed within 10 days.
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.
4:19 p.m. COURT IN RECESS
Total in court time: 28 minutes
Hearing concluded