Opinion
CASE NO. 11-CR-00086-PAB-02
06-15-2012
UNITED STATES OF AMERICA, Plaintiff, v. 2. MANUEL MARTINEZ-DIAZ, Defendant.
Counsel Susan Knox Lisa Polansky
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Janet Coppock
Probation Officer: Jan Woll
Time: 24 minutes
Interpreter: Susanna Cahill
Counsel
Susan Knox
Lisa Polansky
SENTENCING
10:06 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.
Ms. Polansky addresses sentencing.
Ms. Polansky tenders defendant's exhibits A through F (inclusive) to the Court.
Ms. Knox addresses sentencing.
Defendant addresses the Court.
Court states its findings and conclusions.
Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range.
Defendant entered his plea on February 21, 2012 to count One of the Information.
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 48 months.
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 prosecutions.
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: Government's Motion Regarding Acceptance of Responsibility (Doc #267) is GRANTED.
ORDERED: Government's Motion to Dismiss Indictment and Superseding Indictment (Doc #268) is GRANTED.
ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.