Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00102-WYD

Document 332

Filed 06/07/2006

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Probation: Elizabeth Oppenheimer Date: June 7, 2006 Interpreter: n/a Courtroom Deputy: Bernique Abiakam Court Reporter: Kara Spitler ___________________________________________________________________________ Criminal Case No: 04-cr-00102-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. ROGACIANO CALDERA, a/k/a " Chano," Elisa J. Moran Counsel: Matthew T. Kirsch

Defendant. ___________________________________________________________________________ SENTENCING ___________________________________________________________________________ 1:37 p.m. Court in Session - Defendant present (on-bond) Change of Plea Hearing - March 23, 2006 Plea of Guilty - Count 19 of Second Superseding Indictment APPEARANCES OF COUNSEL. Court' opening remarks. s Discussion regarding objections to presentence investigation report. 1:39 p.m. Government' witness, Benjamin Hopping, called and sworn. s Direct examination begin by Mr. Kirsch. ORDERED: Sequestration of witnesses.

1:41 p.m. 1:42 p.m.

Continued direct examination by Mr. Kirsch.

Case 1:04-cr-00102-WYD

Document 332

Filed 06/07/2006

Page 2 of 5

Judge Wiley Y. Daniel 04-cr-00102-WYD - Sentencing Minutes Page 2 1:52 p.m. 2:00 p.m. 2:09 p.m. 2:17 p.m. 2:42 p.m. 2:43 p.m. 2:51 p.m. 2:53 p.m. 2:54 p.m. 2:55 p.m. Cross examination begins by Ms. Moran. The Court questions counsel. Continued cross examination by Ms. Moran. Court in recess. Court in session. Continued cross examination by Ms. Moran. Redirect examination by Mr. Kirsch. Re-cross examination by Ms. Moran. Witness excused. Government' witness, Marc Friedland, called and sworn. s Direct examination begins by Mr. Kirsch. Cross examination begins by Ms. Moran. Witness excused.

3:05 p.m. 3:10 p.m.

Discussion and argument regarding objections in presentence investigation report. 3:18 p.m. Defendant' exhibit A tendered to the Court by Ms. Moran. s

Further argument on objections in PSI report. 3:19 p.m. 3:41 p.m. Argument by Ms. Moran. Special Agent, Benjamin Hopping, re-called. Direct examination by Mr. Kirsch. Cross examination by Ms. Moran. Court questions witness. Further questions by Mr. Kirsch. Further questions by the Court.

3:44 p.m. 3:46 p.m. 3:48 p.m.

Case 1:04-cr-00102-WYD

Document 332

Filed 06/07/2006

Page 3 of 5

Judge Wiley Y. Daniel 04-cr-00102-WYD - Sentencing Minutes Page 3 3:49 p.m. 3:52 p.m. 3:53 p.m. 4:33 p.m. Further question by Ms. Moran. Witness excused. Court in recess. Court in session.

Continued discussion and argument regarding objections in the PSI report. Discussion and argument regarding restitution. 4:43 p.m. 4:46 p.m. ORDERED: ORDERED: Statement by Defendant on his own behalf (Mr. Caldera). Statement by Mr. Kirsch. Government' Oral Motion For Acceptance of Responsibility is GRANTED s Government' Section 5K1.1 Motion For Downward Departure Based on s Substantial Assistance (Doc. No. 320, Filed 6/2/06), is GRANTED. Statement by Ms. Moran. Court makes findings. ORDERED: Defendant be imprisoned for 15 months.

4:48 p.m.

Court RECOMMENDS that the Bureau of Prisons place the defendant at a facility where he can participate in the inmate financial responsibility program in order to meet the outstanding child support obligation payable to the Pueblo County Department of Social Services. Court RECOMMENDS that the Bureau of Prisons credit defendant for 12 days spent in custody. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 3 years. Conditions of Supervised Release are: 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

ORDERED: (X)

Case 1:04-cr-00102-WYD

Document 332

Filed 06/07/2006

Page 4 of 5

Judge Wiley Y. Daniel 04-cr-00102-WYD - Sentencing Minutes Page 4 the defendant is released. (X) (X) (X) (X) (X) Defendant shall not commit another federal, state or local crime. Defendant shall not possess a firearm as defined in 18 U.S.C. § 921. Defendant shall comply with standard conditions adopted by the Court. Defendant shall not unlawfully possess controlled substances. 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. The defendant shall cooperate in the collection of D.N.A. as directed by the probation officer. Special Conditions of Supervised Release are: The defendant is barred from engaging in the following specified occupations: Real estate broker, real estate salesperson, real estate lender, mortgage banker, mortgage broker, or real estate investor. The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer, unless defendant is in compliance with the installment payment schedule. The defendant shall file all delinquent federal and state tax returns as directed by the probation officer and shall timely file all future tax returns during the term of supervised release. Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be paid immediately. No fine is imposed because defendant has no ability to pay a fine, cost of incarceration or supervision. Defendant shall make restitution, jointly and severally with William E. Mendez in Case No. 04-cr-00102-WYD-6, as follows: $80,728.93( to be made payable to Clerk, U.S. District Court; 901 19th Street, #A-105; Denver, CO 80294 to be disbursed to the following victim(s):

(X)

ORDERED: (X)

(X)

(X)

ORDERED:

ORDERED:

ORDERED:

Case 1:04-cr-00102-WYD

Document 332

Filed 06/07/2006

Page 5 of 5

Judge Wiley Y. Daniel 04-cr-00102-WYD - Sentencing Minutes Page 5 Victims Amount

Department of Housing and Urban Development $80,728.93 Restitution is to be made payable in monthly payments of at least $100.00. Payments shall be disbursed to the victims on a pro rata basis when the Court' registry reaches at least $1000.00. Pursuant to 18 U.S.C. § s 3612(f)(3)(A), the Court waives the interest requirement. ORDERED: Defendant may surrender voluntarily as follows: Report to the designated institution on or before Monday, , 2006, at 12:00 noon. Defendant advised of right to appeal (conviction and the sentence imposed by the Court. Any notice of appeal must be filed within ten (10) days. Defendant advised of right to appeal in forma pauperis.

ORDERED:

The court finds that defendant is not likely to flee or be a danger to self or others and it is ORDERED: BOND CONTINUED. Governments exhibits 1 and 2 offered and received. 5:03 p.m. Court in Recess - HEARING CONCLUDED 2 hours 21 minutes

TOTAL TIME: :