Opinion
Criminal Case No: 11-cr-00080-WYD
08-30-2011
UNITED STATES OF AMERICA, Plaintiff, v. 1. RAMON PAYANES-MENDEZ, Defendant.
Counsel: John M. Canedy Edward R. Harris
CHIEF JUDGE
Courtroom Deputy: Robert R. Keech
E.C.R./Reporter: Therese Lindblom
Probation: Susan Heckman
Interpreter: Adriana Weisz
Counsel:
John M. Canedy
Edward R. Harris
SENTENCING
11:08 a.m. Court in Session - Defendant present (in-custody)
Change of Plea Hearing - Wednesday, May 25, 2011, at 4:00 p.m.
Plea of Guilty - one-count Indictment
APPEARANCES OF COUNSEL.
Interpreter sworn (Spanish).
Court's opening remarks. 11:12 a.m. Statement on behalf of Government (Mr. Canedy). 11:17 a.m. Statement on behalf of Defendant (Mr. Harris). 11:21 a.m. Statement by Defendant on his own behalf (Mr. Payanes-Mendez).
Court makes findings. ORDERED: Defendant's Motion for Variant Sentence (ECF Doc. #22), filed Juy 29, 2011, is DENIED.
ORDERED: Defendant be imprisoned for 41 months. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised
release for a period of 3 years.
ORDERED: Conditions of Supervised Release are:
(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.ORDERED: Special Condition(s) of Supervised Release are:
(X) Defendant shall not commit another federal, state or local crime.
(X) Defendant shall not possess a firearm as defined in 18 U.S.C. § 921.
(X) Defendant shall comply with standard conditions adopted by the Court.
(X) Defendant shall not unlawfully possess a controlled substance.
(X) The Court will waive the mandatory drug testing provisions of 18 U.S.C. § 3583(d) for supervised releases cases as the defendant is likely to be deported.
(X) The defendant shall cooperate in the collection of D.N.A. as directed by the probation officer.
(X) If the defendant is deported, he shall not re-enter the United States illegally. If the Defendant re-enters the United States legally, he is to report to the nearest U.S. Probation Office within 72 hours of his return.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. 11:29 a.m. Court in Recess - HEARING CONCLUDED TOTAL TIME: :21