Opinion
CASE NO. 12-CR-00027-PAB
10-12-2012
UNITED STATES OF AMERICA, Plaintiff, v. ALEJANDRO SILVA-GARCIA, Defendant.
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Janet Coppock
Probation Officer: Gary Kruck
Time: 27 minutes
Interpreter: Melinda Gonzalez-Hibner
Counsel
Mark Barrett
Brian Leedy
CHANGE OF PLEA
11:07 a.m. COURT IN SESSION
APPEARANCES OF COUNSEL. Defendant is present and in custody. Interpreter sworn with no challenges to her qualifications. 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. Court and counsel address defendant's objections to the presentence investigation report. ORDERED: Unopposed Motion for a One Level Downward Variance in Exchange for Appeal Waiver (Doc #24) is GRANTED. Mr. Leedy addresses sentencing. Mr. Barrett 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 April 20, 2012 to count 1 of the Indictment. 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 15 months. ORDERED: Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment), to be paid immediately. ORDERED: No fine is imposed because the defendant does not have the ability to pay a fine. ORDERED: Defendant shall cooperate in the collection of a DNA sample from the defendant as directed by the probation officer. Defendant is advised that if he enters or remains in the United States illegally, possesses a firearm or illegally possesses a controlled substance, he may be subject to further federal prosecutions. ORDERED: Defendant advised of right to appeal. To the extent to which the defendant has waived some appellate rights, he is directed to consult with the plea agreement and his attorney. Any notice of appeal must be filed within 14 days. ORDERED: A copy of the presentence report shall be forwarded to the U.S. Bureau of Prisons and the U.S. Sentencing Commission. ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.