Opinion
No. CR 07-0620 JB.
October 21, 2008
Gregory J, Fouratt, United States Attorney, Norman Cairns, Assistant United States Attorney, United States Attorney's Office, Albuquerque, New Mexico, Attorneys for the Plaintiff.
Angela Arellanes, Albuquerque, New Mexico, Attorney for the Defendant.
MEMORANDUM OPINION AND ORDER
THIS MATTER comes before the Court on the Defendant's Motion to Deviate from Advisory Guideline Recommendation, filed September 11, 2008 (Doc. 35). The Court held a hearing on October 10, 2008. The primary issue is whether the Court should vary from the recommended advisory guideline range. The Court concludes that the advisory guideline sentence for Defendant Juan Gerardo Coronado-Meza produces a sentence that fairly reflects the factors in 18 U.S.C. § 3553(a). Because of the extent and variety of Coronado-Meza's criminal history, which includes violent crimes, the Court believes that the factor of deterrence in 18 U.S.C. 3553(a) dominates over others that might suggest a variance. For reasons stated on the record at the hearing and otherwise consistent therewith, the Court declines to vary downward from the guideline sentence.
Although the motion is styled "Defendant's Motion to Deviate . . .," Coronado-Meza clarified at the hearing that he was requesting a variance. Unofficial Court Reporter's Transcript of Sentencing Hearing at 9:17 (held October 10, 2008) (Arellanes).
IT IS ORDERED that the Defendant's Motion to Deviate from Advisory Guideline Recommendation is denied. The Court sentences Coronado-Meza to a term of 70 months with supervised release for a term of two years.