Free Terminate Hearings - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA - Phoenix DATE: 9/12/2005

CRIMINAL SENTENCING MINUTES

CASE NUMBER: CR 04-01301-001-PHX-SRB

Hon. SUSAN R. BOLTON, United States District Judge #: 7026 USA vs. Francisco Gutierrez-Hernandez DEFT:

: PRESENT 9 NOT PRESENT : Custody
Crt Rptr/ECR: Kim R. Moll

Deputy Clerk Maureen Williams A.U.S. Attorney Emory T. Hurley

Interpreter Sary Tavrytzky Language Spanish Attorney for Defendant Thomas Edward Higgins, Jr. (Retained)

9 9 : : : 9 : 9 9 : 9 9 :

Dft not appearing, on mot of US Atty, order bond revoked/forfeited and B/W issued JUDGMENT Defendant is placed on probation for a period of on Ct(s) [SENTENCE]

9 with supervision 9 w/o supervision

Committed to the custody of the Bureau of Prisons to be imprisoned for a period of 30 Months on Ct(s) one Count Indictment Supervised release term of 3 Years by law on Ct(s) 1 Fine of Waived on Ct(s) 1 Restitution of $0.00 ordered pursuant to 18 U.S.C. 3596 Special Assessment of $100.00 pursuant to 18 U.S.C. 3013 on Ct(s) 1 On Motion of U.S. Atty: Ct(s) N/A Order bond exonerated Dft advised of right to appeal TOTAL FINE $Waived

9 Bond exonerated upon surrender to USM 9 Appeal bond set at $

Dft to surrender under Voluntary Surrender Program as directed to the designated institution by the U.S. Marshal. The Court adopts the Magistrate Judge's Findings and Recommendations filed in this matter and accepts the defendant's plea of guilty. Other: IT IS ORDERED granting Government's oral Motion for Downward Departure pursuant to §5K3.1. The Court accepts the plea agreement.

Case 2:04-cr-01301-SRB

Document 40

Filed 09/12/2005

Page 1 of 1