Opinion
Criminal Case No: 09-cr-00169-WYD
02-14-2012
UNITED STATES OF AMERICA, Plaintiff, v. 1. FRANCISCO JAVIER VAZQUEZ-DURAN, Defendant.
Counsel: Richard A. Hosley, III Nathan D. Chambers
CHIEF JUDGE WILEY Y. DANIEL
Courtroom Deputy: Robert R. Keech
E.C.R./Reporter: Therese Lindblom
Probation: Lisa Pence
Interpreter: N/A
Counsel:
Richard A. Hosley, III
Nathan D. Chambers
SENTENCING
4:30 p.m. Court in Session - Defendant present (in-custody)
Change of Plea Hearing - Thursday, October 1, 2009, at 10:00 a.m. Plea of Guilty - one-count Information
APPEARANCES OF COUNSEL.
Court's opening remarks.
4:36 p.m. Statement and argument on behalf of Government (Mr. Hosley).
4:45 p.m. Statement and argument on behalf of Defendant (Mr. Chambers).
4:46 p.m. Statement by Defendant on his own behalf (Mr. Vazquez-Duran).
Court makes findings.
ORDERED: Government's Motion (ECF Doc. No. 74), filed September 30, 2011, is GRANTED.
ORDERED: Government's Motion for Acceptance of Responsibility Guideline Reduction U.S.S.G. § 3E1.1(b) (ECF Doc. No. 80), filed October 6, 2011, is GRANTED.
ORDERED: Defendant be imprisoned for 63 months.
ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 3 years.
ORDERED: Conditions of Supervised Release are:
(X) Within 72 hours of release from the custody of the Bureau of Prisons, defendant shall report in person to the probation office in the district to which the defendant is released.
(X) Defendant shall not commit another federal, state or local crime.
(X) Defendant shall not possess a firearm as defined in 18 U.S.C. § 921.
(X) Defendant shall comply with standard conditions adopted by the Court.
(X) Defendant shall not unlawfully possess a controlled substance.
(X) The Defendant shall refrain from the unlawful use of a controlled substance and submit to one drug test within 15 days of release on supervised release and two periodic drug tests thereafter for use of a controlled substance.
(X) The defendant shall cooperate in the collection of D.N.A. as directed by the probation officer.
ORDERED: Special Condition(s) of Supervised Release are:
(X) If the defendant is deported, he shall not re-enter the United States illegally. If the Defendant re-enters the United States legally, he is to report to the nearest U.S. Probation Office within 72 hours of his return.
ORDERED: Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be paid immediately.
ORDERED: No fine is imposed because defendant has no ability to pay a fine, cost of incarceration or supervision.
ORDERED: The defendant shall make restitution as follows:
+---------------------------------------------------+ ¦Name/Address of Victim ¦Amount ¦ +----------------------------------------+----------¦ ¦Filed under seal with the Clerk's Office¦$19,023.55¦ +---------------------------------------------------+
Restitution is ordered jointly and severally with all defendants convicted under the following docket numbers:
09-cr-00313-REB-01
09-cr-00312-MSK-01
09-cr-00301-JLK-01,-02, -03, -04, and -05
Having assessed the defendant's ability to pay, it is recommended that the Court order that payment of the monetary obligations shall be due as follows:
The special assessment and restitution obligation are due immediately. Any unpaid restitution balance upon release from incarceration shall be paid in monthly installment payments during the term of supervised release. The monthly installment payment will be calculated as at least 10 percent of the defendant's gross monthly wages.
ORDERED: Defendant advised of right to appeal the sentence imposed by the Court. Any notice of appeal must be filed within fourteen (14) days. Defendant advised of right to appeal in forma pauperis.
ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.
4:54 p.m. Court in Recess - HEARING CONCLUDED.
TOTAL TIME: :24