-1-

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

CHIEF JUDGE WILEY Y. DANIEL

Date: April 23, 2012

Courtroom Deputy: Robert R. Keech

E.C.R./Reporter: Therese Lindblom

Probation: Sergio Garza

Interpreter: N/A

Criminal Case No: 11-cr-00395-WYD

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. HUBERT B. AGUIRRE, SR.,

Defendant.

Counsel:

Matthew T. Kirsch

Michele M. Kelley

R. Scott Reisch

SENTENCING

1:36 p.m. Court in Session - Defendant present (on-bond)

Change of Plea Hearing - Tuesday, November 29, 2011, at 3:00 p.m.

Plea of Guilty - one-count Information

APPEARANCES OF COUNSEL.

Court’s opening remarks.

1:38 p.m. Statement on behalf of Probation (Mr. Garza).

1:40 p.m. Statement on behalf of Government (Ms. Kelley).

1:42 p.m. Statement on behalf of Defendant (Mr. Reisch).

1:54 p.m. Statement by Defendant on his own behalf (Mr. Aguirre).

Court makes findings and ACCEPTS plea of guilty.

Case 1:11-cr-00395-WYD Document 26 Filed 04/23/12 USDC Colorado Page 1 of 3
-2-

ORDERED: Government’s Motion for Decrease for Acceptance of Responsibility (ECF Doc.

No. 24), filed April 9, 2012, is GRANTED.

Order is APPROVED BY THE COURT.

ORDERED: Defendant’s Motion for Downward Variance from Advisory Guidelines Range

Sentence (ECF Doc. No. 22), filed March 15, 2012, is GRANTED.

ORDERED: Defendant is placed on probation for a term of 5 years.

ORDERED: Conditions of Probation are:

(X) Defendant shall not commit another federal, state or local crime.

(X) Defendant shall not possess a firearm as defined in 18 U.S.C. § 921.

(X) Defendant shall comply with standard conditions adopted by the Court.

(X) Defendant shall not unlawfully possess a controlled substance.

(X) 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.

(X) The defendant shall cooperate in the collection of D.N.A. as directed by the

probation officer.

ORDERED: Special Condition(s) of Probation are:

(X) The defendant shall participate in a program of mental health treatment, as

directed by the probation officer, until such time as the defendant is released

from the program by the probation officer. The defendant will be required to pay

the cost of treatment as directed by the probation officer. The Court authorizes

the probation officer to release psychological reports and/or the presentence

report to the treatment agency for continuity of treatment.

(X) As directed by the probation officer, the defendant shall apply any monies

received from income tax refunds, lottery winnings, inheritances, judgments, and

any anticipated or unexpected financial gains to the outstanding court ordered

financial obligation in this case.

ORDERED: Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be

paid immediately.

Case 1:11-cr-00395-WYD Document 26 Filed 04/23/12 USDC Colorado Page 2 of 3
-3-

ORDERED: No fine is imposed because defendant has no ability to pay a fine, cost of

incarceration or supervision.

ORDERED: Defendant to make restitution to the following victim as follows:

Victims Amount

Social Security Administration $39,043.00

Debt Management Section

Attn: Court Refund

P.O. Box 2861

Philadelphia, PA 19122

Restitution is to be made payable in monthly payments of at least $300.00.

Payments shall be disbursed to the victim when the Court’s registry reaches at

least $1,800.00. Court determines the defendant does not have the ability

to pay interest and the interest requirement is waived for the restitution.

ORDERED: Defendant advised of right to appeal the sentence imposed by the Court. Any

notice of appeal must be filed within fourteen (14) days. Defendant advised of

right to appeal in forma pauperis.

2:06 p.m. Court in Recess - HEARING CONCLUDED.

TOTAL TIME: :30

Case 1:11-cr-00395-WYD Document 26 Filed 04/23/12 USDC Colorado Page 3 of 3