Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00429-MSK

Document 157

Filed 05/01/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Probation Officer: Tony Merlo Interpreter: Julia Davis Criminal Action No. 04-cr-00429-MSK Parties: UNITED STATES OF AMERICA, Plaintiff, v. RAMON MARTINEZ, Defendant. Matthew Golla Counsel: Joshua Stein Date: May 1, 2006

CONTINUED SENTENCING MINUTES ______________________________________________________________________________ 9:36 a.m. Court in session.

Defendant present in custody. Interpreter sworn. Defendant found guilty of Counts 2 and 3 of the Superseding Indictment by jury on June 22, 2005. The parties do not request departure under the guidelines. The Court inquires whether the parties contend that a non-guideline sentence should be imposed in order to satisfy the sentencing objectives set forth in 18 U.S.C. Section 3553(a). The defendant contends that a non-guideline sentence should be imposed. Response by the government. Allocution. The Government, defense counsel, and defendant were given an opportunity to make statements before sentencing. THE DEFENDANT IS SENTENCED AS FOLLOWS:

Case 1:04-cr-00429-MSK

Document 157

Filed 05/01/2006

Page 2 of 3

Sentencing Minutes Judge Marcia S. Krieger Page 2

IMPRISONMENT: Defendant is sentenced as to Counts 2 and 3 to a term of imprisonment of 360 months on each count, to run concurrently. SUPERVISED RELEASE: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 5 years on each count, to run concurrently. Conditions of supervised release: (X) (X) (X) (X) (X) (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. Defendant shall comply with the 14 standard conditions adopted by the Court. Defendant shall not commit another federal, state or local crime. Defendant shall not illegally possess controlled substances. Defendant shall not possess a firearm or destructive device. 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 at least two periodic drug tests thereafter for use of a controlled substance, if not deported. Defendant shall cooperate in the collection of a DNA sample as directed by the probation officer.

(X)

Special condition of supervised release: (X) Defendant, if deported, shall not return to the United States illegally. If the defendant re-enters the United States legally. defendant shall report to the nearest United States Probation Office within 72 hours of his return.

FINE: No fine is imposed because the defendant has no ability to pay a fine. SPECIAL ASSESSMENT FEE: Defendant shall pay a Special Assessment Fee of $100.00 on each count for a total of $ 200.00, due immediately. Defendant is advised of the right to appeal. ORDER: 10:39 a.m. Defendant is remanded to the custody of the United States Marshal for the District of Colorado. Court in recess.

Case 1:04-cr-00429-MSK

Document 157

Filed 05/01/2006

Page 3 of 3

Sentencing Minutes Judge Marcia S. Krieger Page 3 Total Time: 1 hour 3 minutes. Hearing concluded.