Free Transcript - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA __________ UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) )

4 5 6 7 8 Defendant. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Court Reporter: For the Defendant: Appearances: For the Plaintiff: Plaintiff, vs. GUILLERMINA VALENZUELA,

CR 03-882-PHX-SMM Phoenix, Arizona September 21, 2004 10 o'clock a.m.

REPORTER'S TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE STEPHEN M. McNAMEE (Continuation of Sentencing Hearing)

Lisa M. Roberts Assistant United States Attorney UNITED STATES ATTORNEY'S OFFICE Two Renaissance Square 40 North Central, Suite 1200 Phoenix, Arizona 85004-4408 (602) 514-7500 James A. Wilson, Esq. PARK & WILSON, P.L.C. 331 N. 1st Avenue, Suite 220 Phoenix, Arizona 85003-0001 (602) 452-2913 Gary Moll 401 W. Washington Street, SPC #38 Phoenix, Arizona 85003 (602) 322-7248

Proceedings taken by stenographic court reporter Transcript prepared by computer-aided transcription

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proceed. THE COURT: THE CLERK:

P R O C E E D I N G S

Thank you, and please be seated. Criminal docket 2003-882, United States

of America versus Guillermina Valenzuela, on for continuation of sentencing. MS. ROBERTS: the United States. Lisa Roberts appearing on behalf of

Good morning, Your Honor. Thank you, Miss Roberts. Good morning, Your Honor. Jim Wilson

THE COURT: MR. WILSON:

for Guillermina Valenzuela, who is present with the interpreter. THE COURT: Miss Valenzuela. THE DEFENDANT: THE COURT: Good morning. Are you feeling better today? Thank you, Mr. Wilson, and good morning,

Okay.

THE DEFENDANT: THE COURT:

Yes. I think we're ready to just

Okay.

I pronounced part of the sentence when

Miss Valenzuela became ill, and I believe that we are ready to proceed, is that correct? MR. WILSON: MS. ROBERTS: THE COURT: Yes, Your Honor. Yes, Your Honor. Okay. There's no further statements to

the Court, is that correct?

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 problem. apologize.

MR. WILSON:

Your Honor, just one brief comment.

I

But Miss Valenzuela wanted to make her wishes

known to the Court that she does not wish to go to California. And I understand that there may be good reasons to send her there because of the medical facilities there, but I'm just speaking my client's wishes to you. She would prefer to

remain in Arizona, because it will be difficult for her family who lives here to visit her in California. THE COURT: Her family who came from California over

here had indicated they wanted her over there. MR. WILSON: THE COURT: Right. And so -- and I'll let Miss Valenzuela But I

speak for herself about where it is her preference is.

had indicated after she had left the courtroom to her family that I would consider recommending to California if that's what Miss Valenzuela's wishes were. So Mr. Wilson, if that's -- if her wishes are to the contrary, that she wants to stay here, you'll have to notify her relatives. THE DEFENDANT: MR. WILSON: Yes. It's not a

I'll notify her relatives.

THE COURT: Okay.

All right.

Anything else at this time? No, Your Honor.

MS. ROBERTS:

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here.

MR. WILSON: THE COURT:

No, Your Honor. Well, let me just begin from the top

Pursuant to the Sentencing Reform Act of 1984 it's the

judgment of the Court that Miss Valenzuela be committed to the custody of the Bureau of Prisons for a term of 70 months. That's the same as I told her last time. She must pay a special assessment in the amount of $100, which is due and payable immediately. Payments should

begin under the Bureau of Prisons Inmate Financial Responsibility Program. Payments should be made to the clerk

of the court at the address listed in the judgment and commitment order. I find that she does not have the ability to pay a fine or the other costs of incarceration and I will not impose those upon her. Upon release from imprisonment she shall be placed on supervised release for a period of three years. While on

supervised release she shall comply with the standard conditions of supervision adopted by this Court in General Order 04-11, which supersedes General Order 99-9. The defendant shall comply with the following additional conditions: 1. She shall participate as instructed by the

probation officer in a program of substance abuse treatment, which may include testing for substance abuse treatment. And

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you shall contribute to the cost of treatment in an amount to be determined by the probation officer. Next, upon release from imprisonment you shall report to the probation officer in the district to which you have been released if you're allowed to remain in the United States. Next, you shall submit to a search of your person, property, vehicle, business, and residence, to be conducted in a reasonable manner at a reasonable time by, or at the direction of, the probation officer. Next, you shall provide the probation officer access to any requested financial information. And you shall be prohibited from making any new purchases or incurring new financial obligations without the prior approval of the probation officer. In all likelihood, however, Miss Valenzuela will probably be deported from the United States, and if deported, she may not reenter the United States without legal authorization. In addition, under no circumstances is she to use, own, maintain, or possess any firearm or other destructive devices. She will be given credit for the time she's served in custody already by the Bureau of Prisons. And, Miss Valenzuela, is it your request to remain

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here in Arizona? THE DEFENDANT: THE COURT: Yes. Then if possible, then, the

Okay.

Bureau of Prisons should consider keeping her in Arizona, recognizing, of course, that she has some medical matters that need to be addressed, and that's of the most paramount concern as to the placement. I believe I've sentenced her in accordance with the plea agreement, haven't I, Mr. Wilson? MR. WILSON: THE COURT: MS. ROBERTS: THE COURT: You have, Your Honor. Miss Roberts? Yes, Your Honor, you have. Miss Valenzuela, do you agree with that? Yes.

THE DEFENDANT: THE COURT:

Then I find that the defendant has

knowingly and voluntarily waived her right to take an appeal or to collaterally attack this matter. Had she proceeded to trial, and if she were convicted, she would have been able to take an appeal or to collaterally attack this matter. But in receiving favorable

accommodations from the government for a plea, she's given up those rights, and I find the waiver's been knowingly and voluntarily made with an understanding of the consequences and, further, there's a factual basis. Any counts to which she did not plead guilty are

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hereby dismissed at this time. Is there anything else we should take up at this time? MR. WILSON: you. MS. ROBERTS: Thank you. THE COURT: questions? THE DEFENDANT: THE COURT: No. Thank you very much. Thank you. Miss Valenzuela, do you have any Not from the government, Your Honor. I don't believe so, Your Honor. Thank

Okay.

We'll stand at recess. MS. ROBERTS: THE COURT: Thank you, Your Honor. Thank you.

(Proceedings concluded at 10:05 a.m.)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 s/Gary Moll 2008. DATED at Phoenix, Arizona, this 21st day of May, I, GARY MOLL, do hereby certify that I am duly appointed and qualified to act as Official Court Reporter for the United States District Court for the District of Arizona. I FURTHER CERTIFY that the foregoing pages constitute a full, true, and accurate transcript of all of that portion of the proceedings contained herein, had in the above-entitled cause on the date specified therein, and that said transcript was prepared under my direction and control. C E R T I F I C A T E

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