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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge William J. Martínez

_____________________________________________________________________

Courtroom Deputy: Deborah Hansen

Court Reporter: Gwen Daniel

Date: July 12, 2012

Probation: Michelle Means

Interpreter: Susana Cahill

______________________________________________________________________

Criminal Action No. 11-cr-00421-WJM

UNITED STATES OF AMERICA,

Plaintiff,

v.

2. JORGE LUIS QUIROZ,

Defendant.

Counsel:

Kasandra Carleton

Matthew Golla

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COURTROOM MINUTES

_____________________________________________________________________

HEARING - SENTENCING

02:04 p.m. Court in Session 

Appearances

Oath administered to Interpreter.

Defendant is present and in custody. 

Oath administered to the defendant. 

Court’s comments

Ms. Carleton’s comments

Mr. Golla’s comments

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The defense requests that the Court strike the letter from the defendant to the Court

(ECF No. 58).

Ms. Carleton’s comments

The Government supports the oral motion to strike.

Colloquy between the Court and the defendant.

ORDERED: The oral motion of the defense to strike the letter (ECF No. 58) is

GRANTED. The letter from the defendant to the Court is STRICKEN.

Sentencing Statement (by Ms. Carleton)

Sentencing Statement (by Mr. Golla)

Defendant requests placement at a facility appropriate to his security level in the District

of Minnesota.

Government’s oral motion to withdraw the forfeiture allegation in the Indictment 

(by Ms. Carleton)

ORDERED: The oral motion to withdraw the forfeiture allegation in the

Indictment is GRANTED.

ORDERED: Government’s Motion for Defendant to Receive the Third Level for

Acceptance of Responsibility Under U.S.S.G. § 3E1.1(b) (ECF No. 54)

is GRANTED.

Court’s comments

Ms. Carleton’s comments

Mr. Golla’s comments

ORDERED: Defendant’s Motion for Downward Departure or Variance From the

Advisory Sentencing Guidelines (ECF No. 53) is GRANTED.

ORDERED: Government’s Motion for Downward Departure Pursuant to U.S.S.G.

§ 5K1.1 (ECF No. 55) is GRANTED.

Defendant’s Allocution

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Defendant plead guilty to Count One of the Indictment on April 13, 2012.

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

the Court that the defendant, Jorge Luis Quiroz, Jr., is hereby

committed to the custody of the Bureau of Prisons to be imprisoned

for a term of 113 months.

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.

The Court recommends that the defendant be incarcerated at a

facility appropriate to his security designation located within or

reasonably near the District of Minnesota.

The Court recommends to the director of the Bureau of Prisons that

the defendant be allowed to participate in the Residential Drug

Abuse Program (RDAP) program.

ORDERED: Upon release from imprisonment defendant is placed on supervised

release for a term of five years. 

While on supervised release, the defendant shall not commit another

federal, state, or local crime, shall not possess a firearm as defined

in 18 U.S.C. § 921, and shall comply with the standard conditions that

have been adopted by this Court.

The defendant shall not unlawfully possess and shall refrain from

unlawfully using a controlled substance. The defendant shall submit

to one drug test within 15 days of release on supervised release and

two periodic tests thereafter.

The defendant shall cooperate in the collection of DNA as directed

by the probation officer.

ORDERED: Special Conditions of Supervised Release:

The defendant shall participate in and successfully complete a

program of testing and/or treatment for substance abuse, as

approved by the probation officer, until such time as the defendant is

released from the program by the probation officer. The defendant

shall abstain from the use of alcohol or other intoxicants during the

course of treatment and shall pay the cost of treatment as directed

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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, so the Court will waive the payment of any fine in this case

apart from the Special assessment.

Defendant advised of his right to appeal his conviction, as well as the sentence

imposed, except in very limited circumstances. 

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

02:37 p.m. Court in Recess

Hearing concluded

Time: 33 minutes

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