Opinion
Criminal Action No. 11-cr-00153-WJM
09-06-2011
UNITED STATES OF AMERICA, Plaintiff, v. JOSE MARTIN GARCIA-JAQUEZ, Defendant.
Judge
Courtroom Deputy: Deborah Hansen
Court Reporter: Kara Spitler
Probation: Kurt Thoene
Interpreter: Susana Cahill
Counsel:
Kurt Bohn
Virginia Grady
COURTROOM MINUTES
HEARING - SENTENCING
10:29 a.m. Court in Session
Defendant is present and in custody.
Appearances
Interpreter sworn.
Defendant sworn.
Court's comments
ORDERED: The Government's Motion to Grant the Defendant An Additional
One-Level Decrease Pursuant to U.S.S.G. § 3E1.1(b) [Doc No. 31] is
GRANTED.
10:36 Ms. Grady's Argument re Defendant's Motion For Below-Guideline Statutory or
"Variant" Sentence [Doc No. 30]
10:46 Response by Mr. Bohn
ORDERED. If the Government is asking for a continuance of this hearing, the
request is DENIED.
10:57 Further Argument by Ms. Grady
Statement by defendant.
ORDERED The Defendant's Motion For Below-Guideline Statutory or "Variant"
Sentence [Doc No. 30] is GRANTED.
The Court will subsequently enter a written order setting forth the Court's ruling, but for
purposes of this hearing the Court will summarize its findings and conclusions with
regard to its ruling on Defendant's motion for a variant sentence.
Defendant plead guilty to Count One of the Indictment on June 17, 2011.
ORDERED: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of
the Court that the defendant, Jose Martin Garcia-Jaquez, is hereby
committed to the custody of the Bureau of Prisons to be imprisoned
for a term of 14 months.
ORDERED: Upon release from imprisonment defendant is placed on Supervised Release for a term of one year.
1) Within 72 hours of release from the custody of the Bureau of Prisons defendant must report in person to the probation office in the district to which defendant is released. And while on supervised release defendant shall not commit another federal, state or local crime, shall not possess a firearm as defined in 18 U.S.C. § 921, and defendant must comply with the standard conditions adopted by this Court.
2) The mandatory drug testing provisions of 18 U.S.C. § 3583(d) are WAIVED because the Amended Presentence Investigation Report indicates a low risk of future substance abuse by the defendant, and it is likely he will be deported.
3) The Defendant shall cooperate in the collection of DNA as directed by the Probation Officer.
Special Conditions of Supervised Release:
1) If the Defendant is deported, he shall not thereafter re-enter the United States illegally. If the Defendant re-enters the United States legally, he shall report to the nearest U.S. Probation Office within 72 hours of his return.
2) The defendant shall pay a special assessment of $100.00, which is due and payable immediately.
ORDERED: The Court finds that the Defendant does not have the ability to pay a
fine, and the fine is WAIVED.
The Court advises the defendant of his right to appeal the Court's sentencing decision to the Tenth Circuit Court of Appeals.
Mr. Bohn's comments
The Government's objection to the Court's sentence is reiterated on the record.
ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.
11:20 a.m. Court in Recess
Hearing concluded
Time: /51