Opinion
Criminal Action No. 12-cr-00217-WJM
11-01-2012
UNITED STATES OF AMERICA, Plaintiff, v. 1. CARLOS RODRIGUEZ-LOYA a/k/a Eric Jaramillo, Defendant.
Counsel: Beth Gibson Leif Furmansky
Judge William J. Martínez
Courtroom Deputy: Deborah Hansen
Court Reporter: Gwen Daniel
Probation: Sergio Garza
Interpreter: Susana Cahill
Counsel:
Beth Gibson
Leif Furmansky
COURTROOM MINUTES
HEARING - SENTENCING 10:32 a.m. Court in Session Appearances Oath administered to the Interpreter. Defendant is present and in custody. Oath administered to the defendant. Court's comments Sentencing Statement by Ms. Gibson The defense withdraws its Motion for Downward Departure (ECF No. 26)
ORDERED: The Defendant's Motion for Downward Departure (ECF No. 26) is DENIED as WITHDRAWN.
Sentencing Statement by Mr. Furmansky
ORDERED: The Government's Request For a Four-Level Downward Departure From The Applicable Offense Level Under § 5K3.1 (ECF No. 27) is GRANTED.
Statement by Defendant's sister Statement by Defendant's mother Defendant's Allocution Defendant plead guilty to the sole count of the Indictment on July 5, 2012.
ORDERED: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Carlos Rodriguez-Loya, is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of twelve months and one day.
In serving this term of incarceration the Court recommends that the director of the Bureau of Prisons give defendant full credit for his time served in pretrial detention.
No supervised release shall be imposed.
The defendant is advised that if he re-enters or remains in the United States illegally, possesses a firearm or illegally possesses a controlled substance, he may be subject to further federal prosecution.
The Court waives the mandatory drug testing provisions of § 3563(a)(5) because it is likely that the defendant will be removed from this country.
The defendant shall cooperate in the collection of DNA as directed by the probation officer.
The defendant shall pay a special assessment of $100.00, which shall be due and payable immediately.
The Court FINDS that the defendant does not have the ability to pay a fine, so the Court will waive the payment of any fine in this case apart from the Special Assessment. Defendant advised of his right to appeal his conviction, as well as the sentence imposed, except in very limited circumstances.
ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.
10:56 a.m. Court in Recess
Hearing concluded
Time: 24 minutes