Opinion
Criminal Case No: 11-cr-00110-WYD
11-22-2011
UNITED STATES OF AMERICA, Plaintiff, v. 1. SERGIO DeLUCIO-OLIVERA, Defendant.
Counsel: Hayley E. Reynolds Matthew K. Belcher
CHIEF JUDGE WILEY Y. DANIE L
Courtroom Deputy: Robert R. Keech
E.C.R./Reporter: Therese Lindblom
Probation: Gary Kruck
Interpreter: Cathy Bahr
Counsel:
Hayley E. Reynolds
Matthew K. Belcher
SENTENCING
2:37 p.m. Court in Session - Defendant present (in-custody)
Change of Plea Hearing - Tuesday, August 30, 2011, at 10:00 a.m. Plea of Guilty - one-count Indictment
APPEARANCES OF COUNSEL.
Interpreter sworn (Spanish).
Court's opening remarks.
2:41 p.m. Statement and argument on behalf of Defendant (Mr. Belcher).
2:44 p.m. Statement and argument on behalf of Government (Ms. Reynolds).
2:46 p.m. Statement on behalf of Probation (Mr. Kruck).
2:48 p.m. Statement by Defendant on his own behalf (Mr. DeLucio-Olivera).
Court makes findings.
ORDERED: Defendant's Motion for Downward Sentencing Variance (ECF Doc. #23), filed November 8, 2011, is DENIED.
ORDERED: Government's Motion for Decrease for Acceptance of Responsibility (ECF Doc. #22), filed November 7, 2011, is GRANTED.
Order is APPROVED BY THE COURT.
ORDERED: Defendant be imprisoned for 30 months.
ORDERED: No term of supervised release is imposed. The defendant is advised that if he enters or remains in the United States illegally, possesses a firearm or illegally possesses a controlled substance, he may be subject to further federal prosecution.
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, cost of incarceration or supervision.
ORDERED: Defendant advised of right to appeal the sentence imposed by the Court. Any notice of appeal must be filed within fourteen (14) days. Defendant advised of right to appeal in forma pauperis.
ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.
2:57 p.m. Court in Recess - HEARING CONCLUDED.
TOTAL TIME: :20