Opinion
CASE NO. 12-CR-00459-PAB
04-22-2013
UNITED STATES OF AMERICA, Plaintiff, v. JOSE VARGAS-RAUDALES, Defendant.
Counsel Beth Gibson Brian Leedy
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Janet Coppock
Probation Officer: Gary Burney
Interpreter: Ellen Klaver
Counsel
Beth Gibson
Brian Leedy
SENTENCING
10:02 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.
ORDERED: Defendant's Motion for Non-Guideline Sentence (One-Level Variance) [Doc #23] is GRANTED.
Mr. Leedy addresses sentencing. Questions by the Court.
Ms. Gibson addresses sentencing.
Defendant addresses the Court.
Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range.
Court states its findings and conclusions.
Defendant entered his plea on January 10, 2013 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 8 months.
ORDERED: Defendant shall pay $100.00 Crime Victim Fund (Special Assessment), to be paid immediately.
ORDERED: No fine is imposed because defendant has no 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/she 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.
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.