Opinion
CASE NO. 11-CR-00126-PAB
11-18-2011
UNITED STATES OF AMERICA, Plaintiff, v. ROBERTO HERRERA-RODRIGUEZ, Defendant.
Counsel John Canedy Scott Varholak
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks Date: November 18, 2011
Court Reporter: Janet Coppock Time: 24 minutes
Probation Officer: Caryl Ricca Interpreter: Adrianna Weisz
Counsel
John Canedy
Scott Varholak
SENTENCING
11:08 a.m. COURT IN SESSION
APPEARANCES OF COUNSEL. Defendant is present and in custody. Interpreter 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. Page Two
11-CR-00126-PAB
November 18, 2011
Argument by Mr. Varholak in support of defendant's Motion for Downward Departure and/or Variant Sentence and comments addressing sentencing. Argument by Mr. Canedy and comments addressing sentencing. Court states its findings and conclusions. ORDERED: Defendant's Motion for Downward Departure and/or Variant Sentence (Doc #22), filed 10/25/11 is GRANTED in PART and DENIED in PART. Statement by the Court regarding defendant's offense level, criminal history level and
sentencing guidelines range.
Defendant entered his plea on June 10, 2011 to 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 6 months. ORDERED: Defendant shall cooperate in the collection of a DNA sample from the defendant as directed by the probation officer. ORDERED: Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment), to be paid immediately. ORDERED: No fine is imposed because defendant has no ability to pay a fine. ORDERED: Defendant advised of right to appeal. Any notice of appeal must be filed within 10 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: Defendant is REMANDED to the custody of the U.S. Marshal.