Opinion
CASE NO. 11-CR-00270-PAB
01-13-2012
UNITED STATES OF AMERICA, Plaintiff, v. ARMANDO DIAZ-GONZALEZ Defendant.
Counsel Mark Barrett Robert Pepin
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Tammy Hoffschildt
Probation Officer: Gary Kruck
Interpreter: n/a
Counsel
Mark Barrett
Robert Pepin
CHANGE OF PLEA
3:34 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 the Court. ORDERED: Defendant's Motion for Variant Sentence (Doc #22), filed 1/10/12 is GRANTED. Mr. Pepin addresses sentencing. Mr. Barrett addresses sentencing. Defendant addresses the Court. Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range. Court states its findings and conclusions. Defendant entered his plea on September 15, 2011 to count 1 of the Indictment. 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 12 months and one day. ORDERED: As noted in the Plea Agreement, the defendant has waived his right to appeal his sentence. 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.