Opinion
Criminal Action No.: 12-cr-00124-JLK
11-15-2012
UNITED STATES OF AMERICA, Plaintiff, v. ALDO HOLGUIN-ESPINO, Defendant.
Mark J. Barrett Edward A. Pluss
SENIOR JUDGE JOHN L. KANE
Courtroom Deputy: Bernique Abiakam
Court Reporter: Tamara Hoffschildt
Probation Officer: Patrick J. Lynch
Interpreter: Ellen Klaver
Parties:
Counsel:
Mark J. Barrett
Edward A. Pluss
SENTENCING MINUTES
10:05 a.m. Court in session.
Court calls case. Appearances of counsel. Defendant present in custody. Interpreter sworn. Defendant sworn.
Change of Plea Hearing: August 22, 2012.
Defendant plead guilty to Count One of the Indictment.
Parties received and reviewed the presentence report. The Government, defense counsel, and defendant were given an opportunity to make statements before sentencing. Comments and rulings by the Court. ORDERED: Request For Variance In Guideline Sentence Pursuant To 18
U.S.C.§3553(a) [Filed 10/26/12; Doc. No. 22] is GRANTED in PART
and DENIED in PART as specified.
THE DEFENDANT IS SENTENCED AS FOLLOWS:
IMPRISONMENT:
Defendant is sentenced as to Count One to a term of imprisonment of 36 months.
SUPERVISED RELEASE:
Upon release from imprisonment, defendant shall be placed on supervised release for a
period of 3 years.
Conditions of supervised release:
(X) Defendant shall be deported and shall not return to the United States illegally.FINE:
(X) Defendant shall be subject to further federal prosecution of he remains in this country illegally, possess a firearm, or illegally possess any controlled substance.
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.
Defendant is advised of the right to appeal. ORDERED: Defendant is remanded to the custody of the United States Marshal for the
District of Colorado.
10:32 a.m. Court in recess.
Hearing concluded.
Total in-court time: 27 minutes.