Opinion
Criminal Action No. 12-cr-00356-WJM
03-19-2013
UNITED STATES OF AMERICA, Plaintiff, v. MANUEL ANTONIO ROSALES-MIRANDA, Defendant.
Shana Martin La Fonda Traore
Judge William J. Martínez
Courtroom Deputy: Deborah Hansen Court Reporter: Gwen Daniel Probation: Nicole D. Peterson Interpreter: Melinda Gonzalez-Hibner
Counsel:
Shana Martin
La Fonda Traore
COURTROOM MINUTES
HEARING - SENTENCING 02:00 p.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. Martin Sentencing Statement by Ms. Traore Colloquy between the Court and the defendant
ORDERED: There being no objection, the Government's Motion to Grant the Defendant an Additional One-Level Decrease Pursuant to U.S.S.G. § 3E1.1(b) (ECF No. 20) is GRANTED.
Defendant's Allocution
ORDERED: Defendant's Motion for a Below-Guideline Range Sentence (ECF No. 25) is GRANTED IN PART.
Defendant plead guilty to Count 1 of the Indictment on December 19, 2012
ORDERED: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Manuel Antonio Rosales-Miranda, is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of 36 months, six months to run consecutive to the 12-month sentence the Court imposed on the defendant in 12-cr-00424, the remainder to run concurrent with the sentence imposed in that case.
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 period of 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.
02:34 p.m. Court in Recess
Hearing concluded
Time: 34 minutes