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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Date: March 28, 2013

Courtroom Deputy: Patricia Glover

Court Reporter: Terri Lindblom

Interpreter: Kenneth Hoang

Probation Officer: Gary Kruck

Criminal Action No. 11-cr-00422-REB

Parties: Counsel:

UNITED STATES OF AMERICA,

Plaintiff,

v.

Mary Jo Menendez

HAI MANH DO,

Defendant.

Stephen Alonzi

SENTENCING MINUTES

9:03 a.m. Court in session.

Appearances of counsel. 

Defendant is present on bond.

Interpreter is sworn; parties stipulate as to interpreter’s qualifications.

Court’s opening remarks.

Pursuant to 18 U.S.C. § 3552 and Fed. R. Crim. P. 32, the Probation Department has

conducted a presentence investigation and has filed a presentence report and

addendum.

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Counsel for the government confirms that counsel has read the presentence report and

addendum.

Counsel for the defendant informs the court that counsel has read and discussed the

presentence report and addendum with the defendant.

Defendant’s counsel makes a statement on behalf of the defendant, offers information

in mitigation of punishment, comments on the probation officer’s sentencing guideline

applications and calculations, and comments on matters relating to the appropriate

sentence. 

Defendant is sworn.

Statement by the defendant.

Statement by counsel for the government.

The court makes a sentencing statement pursuant to 18 U.S.C. § 3553(c) and enters

findings of fact, conclusions of law, judgment of conviction, sentence, and orders.

IT IS ORDERED as follows:

1. That the plea agreement of the parties as presented in Court’s Exhibits 1

and 2 is formally approved;

2. That the pending motions are resolved as follows: 

Government’s Motion to Dismiss Counts One and Two of the Indictment

filed on March 12, 2013 (Doc. #221) is GRANTED ;

Government’s Motion for Decrease of Acceptance of Responsibility filed

on March 12, 2013 (Doc. #222) is GRANTED; 

Government’s Motion for Downward Departure Pursuant to 5K1.1 filed on

March 14, 2013 (Doc. #225) is GRANTED.

Defendant’s Motion for Non-Guideline Sentence filed on March 14, 2013 

(Doc. #227) is DENIED as moot.

3. That judgment of conviction under Fed. R. Crim. P. 32(k) is entered on

Count 1 of the Information.

4. That pursuant to the Sentencing Reform Act of 1984, it is the judgment

and sentence of this court that the defendant is committed to the custody

of the Bureau of Prisons to be imprisoned for a term of TIME SERVED;

5. That on release from imprisonment, the defendant shall be placed on

supervised release for a term of four (4) years effective immediately; 

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6. That while on supervised release, the defendant shall comply with the

following conditions of supervised release:

• all mandatory conditions of supervised release, prescribed by law

at 18 U.S.C. § 3583(d) and USSG §5D1.3(a);

• all standard conditions of supervised release approved and

imposed by this court in all such cases and circumstances; and

• the following explicit or special conditions of supervised release:

• that the defendant shall not violate any federal, state, or

municipal statute, regulation, or ordinance in any jurisdiction

or place where defendant may be during the term of

supervised release;

• that the defendant shall not possess or use illegally

controlled substances;

• that the defendant shall not possess or use any firearm or

destructive device as defined under federal law at 18 U.S.C.

§ 921;

• that the defendant shall cooperate in the collection of a

sample of defendant’s DNA;

• that the defendant shall submit to one drug test within fifteen

(15) days from defendant’s release from imprisonment, as

directed by the probation department, and thereafter, to at

least two periodic tests for the use of controlled substances

as directed and determined by the court;

• that the defendant shall make and pay any fine as ordered

and required by the court; 

• that at defendant’s expense, the defendant shall, unless then

indigent, shall undergo a substance abuse evaluation, and

thereafter, at defendant’s expense receive any treatment,

therapy, counseling, testing or education prescribed by the

evaluation or as directed by defendant’s probation officer or

as ordered by the court; that defendant shall abstain from

the use of alcohol or other intoxicants during the course of

any such treatment, therapy, counseling, testing, or

education; provided, furthermore, that to ensure continuity of

treatment, the probation department is authorized to release

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all records and reports of the defendant and the PSR to any

person or entity responsible for or involved in the treatment,

therapy, counseling, testing, or education of the defendant;

• that at defendant’s expense, the defendant shall be placed

on home detention for a period of six (6) months, to

commence with 21 days of sentencing; provided,

furthermore, that during this time, (1) the defendant shall

remain at defendant’s place of residence except for

employment and other activities approved in advance by the

probation department; (2) the defendant shall maintain a

telephone at defendant’s place of residence without any

special services, modems, answering machines, or cordless

telephone for the above period; and (3) the defendant shall

wear an electronic device and shall observe the rules

specified by the probation department;

7. That a fine is imposed in the amount of $2,500.00 due an payable

immediately failing which the fine shall be payable during the term of

supervised release in monthly installments of not less than 10 percent of

his monthly gross 

income as determined periodically by his probation officer. 

8. That the defendant shall pay forthwith a special victim’s fund assessment

fee of $100.00 for each count of conviction for a total of $100.00;

9. That the mandatory drug-testing provisions of 18 U.S.C.. § 3583(d) are

imposed;

10. That an order and judgment of forfeiture shall be entered pursuant to the

plea agreement of the parties and the admission of the defendant of the

forfeiture allegation of the Indictment and under the authority of Fed. R.

Crim. P. 32.2(b)(3) and the statutory provisions of 21 U.S.C. § 853(c);

11 Immediately following the conclusion of this sentencing hearing, defendant

and his attorney shall confer with the probation officer to schedule an

appointment for defendant to read, review and sign the written conditions

of supervised release imposed by this court.

Parties state they have no objections to the sentence imposed.

The defendant waives formal advisement of appeal.

9:44 a.m. Court in recess.

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Total time in court: 43 minutes.

Hearing concluded.

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