Opinion
Criminal Action No.: 12-cr-00037-JLK
08-16-2012
UNITED STATES OF AMERICA, Plaintiff, v. OSCAR D. QUINTERO, Sr., Defendant.
James R. Boma Edward A. Pluss.
SENIOR JUDGE JOHN L. KANE
Courtroom Deputy: Bernique Abiakam
Court Reporter: Mary George
Probation Officer: Gary Burney
Counsel:
James R. Boma
Edward A. Pluss.
SENTENCING MINUTES
3:08 p.m. Court in session.
Court calls case. Counsel present. Defendant present in custody.
Change of Plea Hearing: May 3, 2012
Defendant plead guilty to Count One of the Indictment.
Preliminary remarks by the Court.
ORDERED: Government's Motion For Defendant To Receive The Third Level For Acceptance Of Responsibility Under U.S.S.G.§3E11.1(b) [Filed 5/10/12; Doc. No. 15] is GRANTED.
ORDERED: Government's Motion For Sentencing Reduction Under The Provisions Of §5K1.1, U.S. Sentencing Guidelines (Filed 5/10/12; Doc. No. 16) is GRANTED.
Parties received and reviewed the presentence report. The Government, defense counsel, and defendant were given an opportunity to make statements before sentencing. Comments and rulings by the Court.
ORDERED: Request For Variance Below The Guideline Sentence (Filed 7/6/12; Doc. No. 19) is GRANTED.
THE DEFENDANT IS SENTENCED AS FOLLOWS:
IMPRISONMENT:
Defendant is sentenced as to Count One to a term of imprisonment of 1 year and 1
day, with credit for time already served.
SUPERVISED RELEASE:
Upon release from imprisonment, defendant shall be placed on supervised release for a
period of 5 years with the normal conditions of supervised release.
FINE:
No fine is imposed because the defendant has no ability to pay a fine.
SPECIAL ASSESSMENT FEE:
Defendant shall pay a Special Assessment Fee of $ 100.00, due immediately.
Defendant is advised of the right to appeal. ORDERED: Defendant is remanded to the custody of the United States Marshal for the District of Colorado.
It is the recommendation of this Court that the defendant be transferred to the Bureau of Prisons in the District of New Mexico.
3:34 p.m. Court in recess.
Hearing concluded.
Total in-court time: 26 minutes.