Opinion
CASE NO. 11-CR-00279-PAB-05
07-30-2012
UNITED STATES OF AMERICA, Plaintiff, v. 5. MARICELA FERNANDEZ- CASTELLANOS, Defendant.
Barbara Skalla Dana Casper
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Janet Coppock
Probation Officer: Gary Burney
Time: 43 minutes
Interpreter: Marcella Salazar and
Susanna Cahill
Counsel
Barbara Skalla
Dana Casper
CHANGE OF PLEA
3:02 p.m. COURT IN SESSION
APPEARANCES OF COUNSEL. Defendant is present and in custody. Interpreter Marcella Salazar is sworn with no challenges to her 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: Probation department shall correct the presentence investigation report as stated on the record. ORDERED: Defendant's Unopposed Motion to Strike (Doc #299) is WITHDRAWN. Argument by Ms. Skalla in support of the Government's Motion for Downward Departure Pursuant to 5K1.1 (Doc #325). Court states its findings. ORDERED: Government's Motion for Downward Departure Pursuant to 5K1.1 (Doc #325) is GRANTED. Argument by Ms. Casper in support of defendant's objections to the presentence investigation report. Questions by the Court. Argument by Ms. Skalla. Comments by the Court. 3:33 p.m. Interpreter Susanna Cahill is sworn with no challenges to her qualifications. Ms. Casper addresses sentencing. Ms. Skalla 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 her plea on March 8, 2012 to counts One, Two and Three of the Information. 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 28 months as to counts one, two and three, to be served concurrently. ORDERED: Defendant shall pay $300.00 to Crime Victim Fund (Special Assessment), to be paid immediately. ORDERED: No fine is imposed because defendant has no ability to pay a fine. Defendant is advised that if she enters or remains in the United States illegally, possesses a firearm or illegally possesses a controlled substance, 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. Any notice of appeal must be filed within 14 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: Government's Motion for Decrease for Acceptance of Responsibility (Doc #326) is GRANTED. ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.