Opinion
Criminal Action No.: 09-cr-00301-JLK-2
08-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. 2. JOSE AUGUSTIN PLUMA, Defendant.
Richard A. Hosley Haley E. Reynolds Robert Brown David L. Miller
SENIOR JUDGE
Courtroom Deputy: Bernique Abiakam
Court Reporter: Kara Spitler
Probation Officers: Katrina Devine
Lisa Pence
Parties:
Counsel:
Richard A. Hosley
Haley E. Reynolds
Robert Brown
David L. Miller
SENTENCING MINUTES
9:31 a.m. Court in session.
Court calls case. Counsel present. Also present, Kevin Vest, FBI Special Agent. Defendant present in custody.
JURY TRIAL held: May 2, 2011 thru June 14, 2011.
GUILTY VERDICT as to Counts One, Two, and Three of the Superseding Indictment.
Parties received and reviewed the presentence report. Statement by the Mr. Hosley (the Government). Statement by Mr. Miller. No statement by the Defendant. Comments and rulings by the Court. ORDERED: Defendant's Motion For A Non-Guideline Statutory Sentence (Filed
8/10/11; Doc. No. 933) is GRANTED in PART and DENIED in PART, as
specified.
THE DEFENDANT IS SENTENCED AS FOLLOWS:
IMPRISONMENT:
Defendant is sentenced as to Counts One and Two to a term of imprisonment of 60 months, as to Count Three to a term of imprisonment of 420 months; all sentences to be served concurrently.
SUPERVISED RELEASE shall be addressed closer to the end of the Defendant's term of imprisonment.
FINE:
No fine is imposed because the defendant has no ability to pay a fine.
RESTITUTION:
The Defendant shall be jointly and severally liable with each of the 7 other coconspirators for restitution in the amount of $19,023.55.
SPECIAL ASSESSMENT FEE:
Defendant shall pay a Special Assessment Fee of $ 300.00, due immediately.
Interest is waived. Defendant is advised of the right to appeal. Statement by Mr. Miller regarding objection to imposed sentence.
ORDERED: Defendant's Request for Filing of the Notice of Appeal is GRANTED.
ORDERED: Defendant's Request to Have An Attorney Appointed for Purposes of Appeal is GRANTED.
Defendant is informed by the Court that placement for incarceration is decided by the Bureau of Prisons.
ORDERED: Defendant is remanded to the custody of the United States Marshal for the District of Colorado.
9:59 a.m. Court in recess.
Hearing concluded.
Total in-court time: 28 minutes.