IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge William J. Martínez

_____________________________________________________________________

Courtroom Deputy: Deborah Hansen

Court Reporter: Gwen Daniel

Date: April 26, 2012

Probation: Thomas Meyer

Gary Kruck

Interpreter: Cathy Bahr

______________________________________________________________________

Criminal Action No. 11-cr-00462-WJM

 11-cr-00398-WJM

UNITED STATES OF AMERICA,

Plaintiff,

v.

YARLEN RAFAEL LOPEZ,

 a/k/a Yarlan Lopez,

Defendant.

Counsel:

Joseph Mackey

Edward Harris

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COURTROOM MINUTES

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HEARING - Violation of Supervised Release in 11-cr-00462-WJM

HEARING - Sentencing in 11-cr-00398-WJM

09:00 a.m. Court in Session 

Defendant is present and in custody.

Oath administered to the Interpreter.

Oath administered to the defendant.

The Court first takes up the matter of the Violation of Supervised Release in 

11-cr-00462-WJM.

Court’s comments

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The defendant admits to Violation No. 1, Driving White Ability Impaired and Criminal

Mischief. 

The defendant admits to Violation No. 2, Unlawful Reentry after Deportation.

The defendant admits to Violation No. 3, Illegal Re-entry After Deportation Subsequent

to an Aggravated Felony Conviction.

ORDERED: The defendant’s admissions are accepted.

Government’s sentencing recommendation and reasons fo the recommendation

Mr. Harris’ sentencing recommendation and reasons fo the recommendation

Probation Officer Meyer’s comments

Defendant’s Allocution

ORDERED: Based on the Court’s FINDING that defendant has violated the

conditions of supervised release as alleged in the probation officer’s

Petition, it is the Judgment of this Court that Defendant Yarlen Rafael

Lopez’s supervised release is REVOKED.

The defendant shall be committed to the custody of the Bureau of

Prisons to be imprisoned for a term of eight months, to be served

current with the sentence which will be imposed in 11-cr-00398-WJM.

In serving this term of incarceration the Court recommends that the

director of the Bureau of Prisons give defendant full credit for his

time served in pretrial detention.

No period of supervised release shall be imposed.

The defendant is advised that if he re-enters or remains in the U.S.

illegally, possesses a firearm or illegally possesses a controlled

substance, he may be subject to further federal prosecution.

The defendant is advised of his right to appeal the sentence imposed. 

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09:32 a.m. HEARING - Sentencing in 11-cr-00398-WJM

Government’s sentencing recommendation and reasons for the recommendation

Mr. Harris’ sentencing recommendation and reasons for the recommendation

Mr. Harris’ argument re Defendant’s Motion to Impose Variant Sentence [ECF No. 24]

Mr. Mackey’s response

Defendant’s Allocution

ORDERED: Defendant’s Motion to Impose Variant Sentence [ECF No. 24] is

GRANTED.

ORDERED: Pursuant to the Sentencing Reform Act of 1984, it is the Judgment of

this Court that the Defendant, Yarlen Rafael Lopez, be committed to

the custody of the Bureau of Prisons to be imprisoned for a term of

eighteen months, to be served concurrent with the sentence

imposed in 11-cr-00462. 

In serving this term of incarceration the Court recommends that the

director of the Bureau of Prisons give Defendant full credit for his

time served in pretrial detention.

No period of supervised release shall be imposed.

The Defendant is advised that if he re-enters or remains in the U.S.

illegally, possesses a firearm or illegally possesses a controlled

substance, he may be subject to further federal prosecution.

The Court waives the mandatory drug testing provisions of 18 U.S.C.

§ 3583(d), because it is likely that the defendant will be deported.

The defendant shall cooperate in the collection of DNA as directed

by the probation officer.

The defendant shall pay a special assessment of $100.00, which shall

be due and payable immediately. 

The Court finds that the Defendant does not have the ability to pay a

fine, and the fine is waived in this case.

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Defendant advised of his right to appeal the sentence imposed and, in very limited

circumstances, his conviction by guilty plea.

Mr. Harris’ comments 

The defense requests that the Court recommend the defendant continue to receive the

neurological consult and treatment wherever he is placed.

The Court asks Probation Officer Kruck to include in the Judgment a notation that the

Court approves the defense request, and recommends that such consult and treatment

continue to be afforded to the defendant.

ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.

10:14 a.m. Court in Recess

Hearing concluded

Time: one our and 14 minutes

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