AO 245B (Rev. 09/08) Criminal Judgment
Attachment (Page 1) — Statement of Reasons

Judgment—Page __5 of = ___ 8

DEFENDANT: YARLEN RAFAEL LOPEZ
CASE NUMBER: 11-cr-00398-WJM-01
STATEMENT OF REASONS

if COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT

A The Court adopts the presentence investigation report without change.

Bo The Court adopts the presentence investigation report with the following changes.
(Check all that apply and specify Court determination, findings, or comments, referencing paragraph numbers in the presentence report, if applicable.)
(Use page 4 if necessary.)

1 O Chapter Two of the U.S.S.G. Manual determinations by Court (including changes to base offense level, or specific offense characteristics):

2 2 Chapter Three of the U.S.S.G, Manual determinations by Court (including changes to victim-related adjustments, role in the offense,
obstfuction of justice, multipie Counts, or acceptance of responsibility):

3 1 Chapter Four of the U.S.S.G, Manual determinations by Court (including changes to criminal history category or scores, career offender, or
criminal livelihood determinations):

4 21 additional Comments or Findings (including comments or factual findings concerning certain information in the
presentence report that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation,
or programming decisions):

C [1 __ The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.

Il COURT FINDING ON MANDATORY MINIMUM SENTENCE (Check all that apply.)
A No Count of conviction carries a mandatory minimum sentence.
B [1] __ Mandatory minimum sentence imposed
C [1 ___ One or more Counts of conviction alleged in the indictment carry a mandatory minimum term of imprisonment, but the
sentence imposed is below a mandatory minimum term because the Court has determined that the mandatory minimum

does not apply based on

1 findings of fact in this case
oO substantial assistance (18 U.S.C. § 3553(e))
Oo the statutory safety valve (18 U.S.C. § 3553(f)

If COURT DETERMINATION OF ADVISORY GUIDELINE RANGE (BEFORE DEPARTURES):

Total Offense Level: 21
Criminal History Category: IV

Imprisonment Range: 57 to wal months
Supervised Release Range: 1 to 3 years
Fine Range: $ 7,500 to $ 75,000

Fine waived or below the guideline range because of inability to pay.


AO 245B

(Rev. 09/08) Criminal Judgment
Attachment (Page 4) — Statement of Reasons

Judgment—Page __8 of,

DEFENDANT: YARLEN RAFAEL LOPEZ
CASE NUMBER: 11-cr-00398-WJM-01
STATEMENT OF REASONS

Vil COURT DETERMINATIONS OF RESTITUTION

A BX] Restitution Not Applicable.

B Total Amount of Restitution:

C Restitution not ordered (Check only one.):

1

oO
Oo

For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663, restitution is not ordered because the number of
identifiable victims is so large as to make restitution impracticable under 18 U.S.C. § 3663A(c)(3)(A).

For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because determining complex

issues of fact and relating them to the cause or amount of the victims’ losses would complicate or prolong the sentencing process to a degree
that the need to provide restitution to any victim would be outweighed by the burden on the sentencing process under 18 U.S.C. § 3663A(c)(3)(B)

For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing guidelines, restitution is not
ordered because the complication and prolongation of the sentencing process resulting from the fashioning of a restitution order outweigh
the need to provide restitution to any victims under 18 U.S.C. § 3663(a)(1)(B)(ii).

Restitution is not ordered for other reasons. (Explain.)

DO Partial restitution is ordered for these reasons (18 U.S.C. § 3553(c)):

VIII ADDITIONAL FACTS JUSTIFYING THE SENTENCE IN THIS CASE (If applicable.)

Sections I, If, III, 1V, and VII of the Statement of Reasons form must be completed in all felony cases.


AQ 245B — (Rev. 09/08) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page __4 of

DEFENDANT: YARLEN RAFAEL LOPEZ
CASE NUMBER: 11-cr-00398-WJM-01

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows:

A [1] Lump sum payment of $ due immediately, balance due

(2 not later than > or
(1 inaccordance [on D, E, or OF below; or

Payment to begin immediately (may be combined with [1C, Ob, or CIF below); or

Cc. C Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or

D (J Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or

E_ [1 Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from
imprisonment. The Court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

F (7) Special instructions regarding the payment of criminal monetary penalties:

Unless the Court has expressly ordered otherwise, if this judgment imposes imprisonment, ayment of criminal monetary penalties is due durin,
imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate Financial
Responsibility Program, are made to the clerk of the Court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

Joint and Several
The defendant shall pay the cost of prosecution.

The defendant shall pay the following Court cost(s):

ooo0o

The defendant shall forfeit the defendant's interest in the following property to the United States:

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,
(5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and Court costs.



AO 245B

(Rev, 09/08) Criminal Judgment

Attachment (Page 2) — Statement of Reasons

DEFENDANT: YARLEN RAFAEL LOPEZ
CASE NUMBER: 11-cr-00398-WJM-01
IV. ADVISORY GUIDELINE SENTENCING DETERMINATION (Check only one.)
ao
BO
(Use page 4 if necessary.)
ec O
(Also complete Section V.)
D &

STATEMENT OF REASONS

Judgment—Page __6 of

The sentence is within an advisory guideline range that is not greater than 24 months, and the Court finds no reason to depart.

The sentence is within an advisory guideline range that is greater than 24 months, and the specific sentence is imposed for these reasons.

The Court departs from the advisory guideline range for reasons authorized by the sentencing guidelines manual.

The Court imposed a sentence outside the advisory sentencing guideline system. (Also complete Section VI)

V DEPARTURES AUTHORIZED BY THE ADVISORY SENTENCING GUIDELINES (If applicable.)

A_ The sentence imposed departs (Check only one.):
(2 below the advisory guideline range
C1 above the advisory guideline range

B_ Departure based on (Check all that apply.):

1

Plea Agreement (Check all that apply and check reason(s) below.):

on000

5K1.1 plea agreement based on the defendant’s substantial assistance
5K3.1 plea agreement based on Early Disposition or “Fast-track” Program
binding plea agreement for departure accepted by the Court
plea agreement for departure, which the Court finds to be reasonable
plea agreement that states that the government will not oppose a defense departure motion.

Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):

ono000

Other

5K1.1 government motion based on the defendant’s substantial assistance
5K3.1 government motion based on Early Disposition or “Fast-track” program
government motion for departure

defense motion for departure to which the government did not object
defense motion for departure to which the government objected

(1 Other than a plea agreement or motion by the parties for departure (Check reason(s) below.):

C_ Reason(s) for Departure (Check all that apply other than 5K1.1 or 5K3.1.)

4A13
SHI.
SHI.2
5H1.3
SH1.4
SHI.S
SH1.6
SHIM

O ooooooo0o

5K2.0

Criminal History Inadequacy 1 sk21
Age OO sx22
Education and Vocational Skills OJ 5x23
Mental and Emotional Condition (] sk24
Physical Condition C1 sx2s
Employment Record U1 sk26
Family Ties and Responsibilities CO 5x27
Military Record, Charitable Service, U1 sx28
Good Works OU sx29
Aggravating or Mitigating Circumstances [_] 5K2.10

Death

Physical Injury

Extreme Psychological Injury
Abduction or Unlawful Restraint
Property Damage or Loss

Weapon or Dangerous Weapon
Disruption of Government Function
Extreme Conduct

Criminal Purpose

Victim's Conduct.

D__ Explain the facts justifying the departure. (Use page 4 if necessary.)

OOOCOoo0oo00no

SK2.11
5K2.12
5K2.13
5K2.14
5K2.16
5K2.17
5K2.18
$K2.20
$K2.21
5K2.22
5K2.23

Lesser Harm

Coercion and Duress

Diminished Capacity

Public Welfare

Voluntary Disclosure of Offense
High-Capacity, Semiautomatic Weapon
Violent Street Gang

Aberrant Behavior

Dismissed and Uncharged Conduct
Age or Health of Sex Offenders
Discharged Terms of Imprisonment

Other guideline basis (e.g., 2B1.1 commentary)



®AO 245B (Rev. 09/08) Judgment in a Criminal Case

Sheet 1
UNITED STATES DISTRICT COURT
District of COLORADO
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
Ve
YARLEN RAFAEL LOPEZ
a/k/a Lopez, Yarlan
Case Number: 11-cr-00398-WJM-01
USM Number: 15982-280

Edward R. Harris, AFPD

Defendant's Attorney

THE DEFENDANT:
pleaded guilty to Count —_One of the Indictment

oO pleaded nolo contendere to Count

which was accepted by the Court.
C1 was found guilty on Count

after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count
8 U.S.C. § 1326(a) and Illegal Re-entry After Deportation Subsequent to an Aggravated 08/31/2011 One
(b)(2) Felony Conviction

The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to

the Sentencing Reform Act of 1984.
(1 The defendant has been found not guilty on Count

O count Dis [are dismissed on the motion of the United States.

. It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name,
residence, or mailing address until all fines, restitution, costs, and special assessments apaposed by this judgment are fully paid. If ordered to
pay restitution, the defendant must notify the Court and United States waa changes in economic circumstances.

Appif 26.2012 __\

ite of InspogitySn Pf Judgment
C NA hax
ff J T

ignature of Judge

William J. Martinez, U.S. District Judge

Name and Title of Judge

HY (Lex Pl~

Date


AO 245B (Rev. 09/08) Criminal Judgment
Attachment (Page 3) — Statement of Reasons

Judgment—Page __7 of 8
DEFENDANT: YARLEN RAFAEL LOPEZ
CASE NUMBER: 11-cr-00398-WJM-01

'ATEMENT OF REASONS

VI. COURT DETERMINATION FOR SENTENCE OUTSIDE THE ADVISORY GUIDELINE SYSTEM
(Check all that apply.)

A __ The sentence imposed is (Check only one.):
below the advisory guideline range

D above the advisory guideline range

B__ Sentence imposed pursuant to (Check all that apply.):

1 Plea Agreement (Check all that apply and check reason(s) below.):
(21 binding plea agreement for a sentence outside the advisory guideline system accepted by the Court
[1 plea agreement for a sentence outside the advisory guideline system, which the Court finds to be reasonable
im plea agreement that states that the government will not oppose a defense motion to the Court to sentence outside the advisory guideline
system

2 Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):
[1 government motion for a sentence outside of the advisory guideline system
(1 defense motion for a sentence outside of the advisory guideline system to which the government did not object
[X] defense motion for a sentence outside of the advisory guideline system to which the government objected

3 Other
[71 _ Other than a plea agreement or motion by the parties for a sentence outside of the advisory guideline system

C _ Reason(s) for Sentence Outside the Advisory Guideline System (Check all that apply.)

& the nature and circumstances of the offense and the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1)

to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense (18 U.S.C. § 3553(a)(2)(A))

1

Ba
vas

to afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B))
to protect the public from further crimes of the defendant (18 U.S.C. § 3553(a)(2)(C))

to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner
(18 US.C. § 3553(a)(2)(D))
to avoid unwarranted sentencing disparities among defendants (18 U.S.C. § 3553(a)(6))

OO O88

to provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7))

D_ Explain the facts justifying a sentence outside the advisory guideline system. (Use page 4 if necessary.)

The Court finds that a variant sentence is warranted under 18 U.S.C. § 3553(a) based on the factors identified during
sentencing.


AO 245B (Rev. 09/08) Judgment in Criminal Case
Sheet 2 — Imprisonment

Judgment — Page __2 of,
DEFENDANT: YARLEN RAFAEL LOPEZ

CASE NUMBER: 11-cr-00398-WJM-01

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:

eighteen (18) months, concurrent to the sentence imposed in U.S. District Court, District of Colorado, Docket Number
1 I-cr-00462-WJM-01.

[X] The Court makes the following recommendations to the Bureau of Prisons:

The Court recommends the defendant be credited with 202 days for time served in presentence confinement.
The Court further recommends that the defendant should continue to receive medical treatment, including the neurology
evaluation which has been scheduled.

The defendant is remanded to the custody of the United States Marshal.

oO The defendant shall surrender to the United States Marshal for this district:

D at O amO pm. on

C1 as notified by the United States Marshal.

(_s The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
oO before 12 p.m. on
(1 as notified by the United States Marshal.
DO as notified by the Probation or Pretrial Services Office.

RETURN
I have executed this judgment as follows:
Defendant delivered on to
at , With a certified copy of this judgment.
UNITED STATES MARSHAL
By

DEPUTY UNITED STATES MARSHAL


AO 245B_ (Rev. 09/08) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties

Judgment — Page 3 of 8
DEFENDANT: YARLEN RAFAEL LOPEZ
CASE NUMBER: 11-cr-00398-WJM-01

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Fine Restitution
TOTALS $ 100.00 $ 0.00 $ 0.00
(11 The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be

entered after such determination.
(1s The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately Rropartioned ayment, unless specified otherwise
in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i a all nonfederal victims must be paid
mite

before the ied States is paid.
Name of Payee Total Loss* Restitution Ordered Priority or Percentage
TOTALS $ 0.00 $ 0.00

C1 Restitution amount ordered pursuant to plea agreement $

(1 The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

[1 The Court determined that the defendant does not have the ability to pay interest and it is ordered that:
(71 the interest requirement is waived for the 1 fine C1 restitution.

(71 the interest requirement for the 1 fine C1 restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.