Opinion
CASE NO. 11-CR-00249-PAB
11-10-2011
UNITED STATES OF AMERICA, Plaintiff, v. PAVEL ROBERTO LOYA-ROMERO, Defendant.
Counsel John Canedy Matthew Belcher
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Janet Coppock
Probation Officer: Jan Woll
Interpreter: Marcella Salazar
Counsel
John Canedy
Matthew Belcher
SENTENCING
11:05 a.m. COURT IN SESSION
APPEARANCES OF COUNSEL. Defendant is present and in custody.
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.
Argument by Mr. Belcher in support of defendant's Motion for Downward Sentencing Variance and comments addressing sentencing.
Argument by Mr. Canedy in support of Government's oral motion for variant sentence and comments addressing sentencing.
Defendant addresses the Court.
Court states its findings and conclusions.
ORDERED: Government's Oral Motion for Variant Sentence is GRANTED.
ORDERED: Defendant's Motion for Downward Sentencing Variance (Doc #20), filed 10/26/11 is GRANTED in PART.
Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range.
Defendant entered his plea on August 18, 2011 to count One of 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: The Court will not impose any supervised release in light of the amendment to the guideline pursuant to § 5D1.1.
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: 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 advised that the Court will not provide any type of advisement regarding his appeal rights concerning this sentencing, however he may review his plea agreement to determine what the scope of his appeals rights might be.
ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.
11:26 a.m. COURT IN RECESS
Total in court time: 21 minutes
Hearing concluded