Free Response to Motion - District Court of Arizona - Arizona

EXHIBIT B
(Exce1pt cf Defendant’s Sentencing Hearing)
Case 2:04-cr-00890-SRB Document 46-3 Filed 08/31/2006 Page 1 of 4

4 I THE UNITED STATES DISTRICT COURT I »
DISTRICT OF ARIZONA
{,g 2
UNITED STATES OF AMERICA, )
4 )
Plaintiff, )
5 )
VS. ` ) NO. CRO4—890—PHX—SRB
6 )
ROMAN ALBERTO GONZALEZ, )
7 ) Phoenix, Arizona
Defendant. ) March 28, 2005
8 ) 2:15 p.m.
9
IO REPORTER'S TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE SUSAN R. BOLTON
11 UNITED STATES DISTRICT JUDGE ,
12 (SENTENCING)
13
it 14
15 APPEARANCES:
16
For the Plaintiff: BEVERLY MCCALLUM
17 Assistant U.S. Attorney
4035 South Avenue A
18 Yuma, Arizona 85364
19 For the Defendant: BRUCE YANCEY, Esg.
Bruce Yancey Law Office
20 836 West 36th Street
Yuma, Arizona 85364
21
Court Reporter: Kim R. Moll, RDR—CRR
22 Official Court Reporter
401 W. Washington, Suite 312
23 Phoenix, Arizona 85003
24
t Proceedings taken by stenographic court reporter
[ ’ 25 Transcript prepared by computer—aided transcription
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1 Therefore, pursuant to the plea agreement and the
{ /.e· ~ 2 Sentencing Reform Act of 1984, which the Court has
if 3 considered advisory and appropriate to follow under the
4 circumstances of this case, it is the judgment of the Court
5 that the defendant be committed to the custody of the Bureau
6 of Prisons for 37 months.
7 The defendant is also ordered to pay a $100
8 special assessment, which, while due immediately, may be
9 paid pursuant to the Bureau of Prisons Inmate Financial
10 Responsibility Program, and to the clerk of the district
11 court in Phoenix.
12 The Court finds the defendant does not have the
13 ability to pay a fine and orders the fine waived.
ig 14 Upon release, the defendant shall be on
15 supervised release for three years. During this time the
16 defendant is ordered to comply with all standard conditions
17 of supervision adopted by this court in General Order 04-11,
18 and the following additional condition:
19 The defendant shall not reenter the United States
20 without legal authorization.
21 Mr. Gonzalez, had you gone to trial and been
22 convicted, you would have had a right to appeal from the
23 orders of the Court and to have a lawyer represent you. If
24 you couldn't afford a lawyer, a lawyer would have been
5 25 appointed, and the necessary records and transcripts
Case 2:04-cr-00890-SBB Document 46-3 Filed 08/31/2006 Page 3 of 4

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1 provided at government expense.
g.~ 2 You do not have these rights to appeal because
{ 3 you waived them in your plea agreement, so long as you were
4 sentenced in accordance with that agreement. I have given
5 you a sentence that is in fact more favorable than the one
6 contemplated in your plea agreement. I believe you've
7 waived all rights to appeal, but you should consult with
8 your lawyer and satisfy yourself that I am correct about
9 this.
1O If after talking to your lawyer, you think you
11 have a right to appeal and you want to exercise that right,
12 you must do so by filing a notice of appeal within ten days
13 of today, or any right you think you may have to appeal will
ig 14 be waived.
15 Do you understand, sir?
16 THE DEFENDANT: Yes.
17 THE COURT: Ms. McCallum, is there anything
18 further from the government?
19 MS. MCCALLUM: Yes, Your Honor. The government
20 moves to dismiss Count 2 of the information.
21 THE COURT: On the government's motion, Count 2
22 is dismissed.
23 And hold on a second.
24 Because we're sentencing at this time, should we
25 order the DNA?
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