Opinion
Criminal Action No. 12-cr-00326-RBJ
04-17-2013
UNITED STATES OF AMERICA, Plaintiff, v. 2. ALFONSO MARTINEZ, Defendant.
Counsel : Dondi Osborne (by video-conference) Darren Cantor
JUDGE R. BROOKE JACKSON
Courtroom Deputy: Deborah Hansen
Court Reporter: Kara Spitler
Probation: Gary Burney
Counsel:
Dondi Osborne
(by video-conference)
Darren Cantor
SENTENCING MINUTES
08:00 a.m. Court in session
Appearances of counsel. Defendant is present and in custody. Court's comments Argument (by Mr. Cantor) Argument (by Ms. Osborne) Court's comments GOVERNMENT'S WITNESS SPECIAL AGENT ADAM WEBER, sworn 08:38 Direct (by Ms. Osborne) 09:09 Court 09:09 Direct 09:15 Court in Recess 09:30 Court in Session GOVERNMENT'S WITNESS SPECIAL AGENT ADAM WEBER, sworn 09:30 Cross (by Mr. Cantor) (No redirect) No statement by the defendant. Defendant's counsel makes a statement on behalf of the defendant, offers information in mitigation of punishment, and comments on matters relating to the appropriate sentence. Counsel for the government and the Probation Officer address the Court regarding sentencing. Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range. Court states its findings and conclusions. Defendant entered his plea to Count 1 of the Indictment on December 3, 2012.
ORDERED:
The Government's Motion for Downward Departure (ECF No. 135)
and The Government's Motion for Decrease for Acceptance of
Responsibility ECF No. 140 are GRANTED)
ORDERED: Defendant shall be imprisoned for 48 months.
Court RECOMMENDS that defendant receive credit for 272 days spent in custody. Court RECOMMENDS that the Bureau of Prisons place the defendant at a facility in Southern California.
ORDERED:
Upon release from imprisonment, defendant shall be placed on
supervised release for a period of five years.
ORDERED: Conditions of Supervised Release that:
(X) Within 72 hours of release from the custody of the Bureau of Prisons, defendant shall report in person to the probation office in the district to which the defendant is released.
(X) Defendant shall not commit another federal, state or local crime.
(X) Defendant shall not illegally possess controlled substances.
(X) Defendant shall not possess a firearm or destructive device.
(X) Defendant shall comply with standard conditions recommended by U.S. Sentencing Commission.
(X) Defendant shall refrain from the unlawful use of a controlled substance and submit to one drug test within 15 days of release on supervised release and at least two periodic drug tests thereafter for use of a controlled substance.
(X) 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 14 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.
10:42 a.m.
Court in recess.
Hearing concluded
Time: 2 hours and 27 minutes