Opinion
CASE NO. 09-CR-00056-PAB-12
11-18-2011
UNITED STATES OF AMERICA, Plaintiff, v. 12. JOSE RAMIREZ-LOPEZ, Defendant.
Counsel MJ Menendez Aurora Police Officer Michael Prince Marc Milavitz
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Janet Coppock
Probation Officer: Caryl Ricca
Date: November 18, 2011
Time: 30 minutes
Interpreter: n/a
Counsel
MJ Menendez
Aurora Police Officer Michael Prince
Marc Milavitz
SENTENCING
9:05 a.m. COURT IN SESSION
APPEARANCES OF COUNSEL. Defendant is present and in custody. 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. Argument by Ms. Menendez in support of Government's Motion for Downward Departure Pursuant to U.S.S.G. § 5K1.1 (Doc #872), filed 11/4/11. Comments by Mr. Milavitz. Court states its findings. ORDERED: Government's Motion for Downward Departure Pursuant to U.S.S.G. § 5K1.1 (Doc #872), filed 11/4/11 is GRANTED. Mr. Milavitz addresses sentencing. Ms. Menendez addresses sentencing. 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 August 2, 2011 to count One of the Information. ORDERED: Defendant's plea of guilty is ACCEPTED. 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 22 months. Court RECOMMENDS that the Bureau of Prisons place the defendant at an institution with a substance abuse program. ORDERED: 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: Government's Motion to Dismiss Count One (Doc #857), filed 10/12/11 is GRANTED. ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.