1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge William J. Martínez

_____________________________________________________________________

Courtroom Deputy: Deborah Hansen

Court Reporter: Gwen Daniel

Date: June 20, 2012

Probation: Michelle Means

______________________________________________________________________

Criminal Action No. 11-cr-00421-WJM-1

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. MOISES CARRERA,

Defendant.

Counsel:

Kasandra Carleton

Alejandro Espinosa

_____________________________________________________________________

COURTROOM MINUTES

_____________________________________________________________________

HEARING - SENTENCING

01:30 p.m. Court in Session 

Appearances

Defendant is present and in custody. 

Oath administered to the defendant. 

Court’s comments

Ms. Carleton’s comments

Mr. Espinosa’s comments

Case 1:11-cr-00421-WJM Document 51 Filed 06/20/12 USDC Colorado Page 1 of 4
2

Court’s comments 

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

(by Ms. Carleton). The defense does not object.

ORDERED: The Government's oral motion to dismiss the forfeiture allegation in

the Indictment as to Defendant Moises Carrera is GRANTED, and that

forfeiture allegation is DISMISSED.

ORDERED: The Government’s Motion for Defendant to Receive a Three-Level

Reduction in Offense Level for Acceptance of Responsibility Under

U.S.S.G. §3E1.1(b) [ECF No. 46] is GRANTED.

ORDERED: The Government’s Motion for Downward Departure Pursuant to

U.S.S.G. § 5K1.1 [ECF No. 45] is GRANTED.

Statement by Defendant’s father

Statement by Defendant’s mother

Statement by Defendant’s brother

Defendant’s Allocution

Defendant plead guilty to a one Count Indictment on April 2, 2012.

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

the Court that the defendant, Moises Carrera, is hereby committed to

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

66 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 and State of Minnesota.

The Court recommends that the director of the Bureau of Prisons

consider allowing the defendant to enroll in a substance abuse

treatment program while serving his custodial sentence.

Case 1:11-cr-00421-WJM Document 51 Filed 06/20/12 USDC Colorado Page 2 of 4
3

ORDERED: Upon release from imprisonment, the defendant shall be placed on

Supervised Release for a term of three years. 

Within 72 hours of release from the custody of the Bureau of

Prisons, the defendant shall report in person to the probation office

in the district to which the defendant is released.

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:

1. 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 by the probation officer.

2. The defendant shall participate in and successfully complete a

program of mental health treatment, as approved by the

probation officer, until such time as the defendant is released

from the program by the probation officer. The defendant shall

pay the cost of treatment as directed by the probation officer.

The Court authorizes the probation officer to release to the

treatment agency all psychological reports and/or the

presentence report for continuity of treatment.

The defendant shall pay a special assessment of $100.00,

which shall be due and payable immediately.

Case 1:11-cr-00421-WJM Document 51 Filed 06/20/12 USDC Colorado Page 3 of 4
4

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.

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.

02:09 a.m. Court in Recess

Hearing concluded

Time: 39 minutes

Case 1:11-cr-00421-WJM Document 51 Filed 06/20/12 USDC Colorado Page 4 of 4