Opinion
Criminal Action No. 11-cr-00396-MSK
06-25-2012
UNITED STATES OF AMERICA, Plaintiff, v. FERNANDEZ VALENTE CHAVEZ-PEREZ, Defendant.
Counsel : Mark Barrett Edward Pluss
HONORABLE MARCIA S. KRIEGER
Courtroom Deputy: Patricia Glover
Court Reporter: Paul Zuckerman
Probation Officer: Jeannette Woll
Interpreter: Malinda Gonzales-Hibner
Counsel:
Mark Barrett
Edward Pluss
SENTENCING MINUTES
11:04 a.m. Court in session.
Defendant present in custody.
Interpreter sworn.
Change of Plea Hearing on November 21, 2012. Defendant pled guilty to Count 1 of the Indictment.
Parties received and reviewed the presentence report and all addenda.
The parties do not dispute the facts contained in the presentence report.
The parties do not dispute the calculation of the sentence under the Federal Sentencing Guidelines as set forth in the original presentence report.
The parties do not request departure.
The parties do contend that the sentence should be different from that calculated under the Sentencing Guidelines in light of the sentencing objectives set forth in 18 U.S.C. Section 3553(a). (Doc. #26, #34). Agrument.
Allocution. - Statements made by: The Government, the defendant, defense counsel.
After consideration of the provisions of 18 U.S.C. 3553 (a), the Court announces the sentence it intends to impose as reflected in the record. Counsel are offered the opportunity for further argument. No further argument.
ORDER: Motion at Doc. #31 is WITHDRAWN. Motions for Variance (Doc. #26, #34) are GRANTED.
THE DEFENDANT IS SENTENCED AS REFLECTED IN THE RECORD.
The defendant is advised of his right to appeal.
ORDER: Defendant is remanded to the custody of the United States Marshal for the District of Colorado.
11:24 a.m. Court in recess.
Total Time: 20 minutes.
Hearing concluded.