Opinion
Criminal Action No.: 12-cr-00122-JLK
08-31-2012
UNITED STATES OF AMERICA, Plaintiff, v. JUAN FRAIRE-REYES, Defendant.
Robert M. Brown Robert W. Pepin
SENIOR JUDGE JOHN L. KANE
Courtroom Deputy: Bernique Abiakam
Court Reporter: Terri Lindblom
Probation Officer: Darren Streich
Interpreter: Cathy Bahr
Counsel:
Robert M. Brown
Robert W. Pepin
SENTENCING MINUTES
10:04 a.m. Court in session.
Court calls case. Counsel present. Defendant present in custody.
Change of Plea Hearing: June 5, 2012.
Defendant plead guilty to Count One of the Indictment.
Parties received and reviewed the presentence report.
ORDERED: Motion For Downward Departure Pursuant To Section 5K3.1 (Filed 6/5/12; Doc. No. 15) is GRANTED.
The Government, defense counsel, and defendant were given an opportunity to make statements before sentencing. Comments and rulings by the Court.
ORDERED: Motion for Variant Sentence And Downward Departure (Filed 8/23/12; Doc. No. 22) is GRANTED.
THE DEFENDANT IS SENTENCED AS FOLLOWS:
IMPRISONMENT:
Defendant is sentenced as to Count One to a term of imprisonment of 12 months and 1 day.
SUPERVISED RELEASE:
No term will be imposed because Defendant will be deported. If the defendant re-enters the United States legally, he is prohibited from ever possessing a firearm or illegal possession of a controlled substance within the territorial limits of the United States. FINE:
No fine is imposed because the defendant has no ability to pay a fine.
SPECIAL ASSESSMENT FEE:
Defendant shall pay a Special Assessment Fee of $ 100.00, due immediately.
ORDERED: Defendant is remanded to the custody of the United States Marshal for the District of Colorado. 10:12 a.m. Court in recess.
Hearing concluded.
Total in-court time: 8 minutes.