United States v. Villalobos-Madrid

Full title: UNITED STATES OF AMERICA, Plaintiff, v. 1. BIVIAN VILLALOBOS-MADRID…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Apr 9, 2012

Criminal Case No: 11-cr-00428-WYD (D. Colo. Apr. 9, 2012)

Opinion

Criminal Case No: 11-cr-00428-WYD

04-09-2012

UNITED STATES OF AMERICA, Plaintiff, v. 1. BIVIAN VILLALOBOS-MADRID, Defendant.

Counsel: John M. Canedy Shana Martin Matthew K. Belcher

WILEY Y. DANIEL

CHIEF JUDGE WILEY Y. DANIEL

Courtroom Deputy: Robert R. Keech

E.C.R./Reporter: Therese Lindblom

Probation: Sergio Garza

Interpreter: Marcela Salazar

Counsel:

John M. Canedy

Shana Martin

Matthew K. Belcher

SENTENCING

11:09 a.m. Court in Session - Defendant present (in-custody)

Change of Plea Hearing - Friday, January 27, 2012, at 10:00 a.m. Plea of Guilty - one-count Indictment


APPEARANCES OF COUNSEL.

Interpreter sworn (Spanish).

Court's opening remarks.

11:14 a.m. Statement on behalf of Government (Ms. Martin). 11:15 a.m. Statement on behalf of Probation (Mr. Garza). 11:15 a.m. Statement on behalf of Defendant (Mr. Belcher). 11:23 a.m. Statement on behalf of Government (Ms. Martin). 11:24 a.m. Statement on behalf of Probation (Mr. Garza). 11:24 a.m. Statement on behalf of Defendant (Mr. Belcher). 11:24 a.m. Statement by Defendant on his own behalf (Mr. Villalobos-Madrid). Court makes findings. ORDERED: Government's Motion for Decrease for Acceptance of Responsibility (ECF Doc. No. 25), filed April 6, 2012, is GRANTED.

Order is APPROVED BY THE COURT. ORDERED: Government's Request for a One-level Downward Departure from the Applicable Offense Level (ECF Doc. No. 24), filed March 29, 2012, is GRANTED. ORDERED: Defendant's Motion for a Downward Sentencing Variance (ECF Doc. No. 21), filed March 21, 2012, is GRANTED. ORDERED: Defendant be imprisoned for 15 months.

Court RECOMMENDS that the Bureau of Prisons place the defendant at an appropriate level facility within the state of Colorado.

ORDERED: No term of supervised release is imposed. The 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 prosecution. 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: 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. 11:29 a.m. Court in Recess - HEARING CONCLUDED. TOTAL TIME: :20