IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Date: September 7, 2012

Courtroom Deputy: Nel Steffens

Court Reporter: Tracy Weir

Interpreter: Melinda Gonzalez-Hibner

Probation Officer: Sergio Garza

Criminal Action No. 11-cr-00368-REB

Parties: Counsel:

UNITED STATES OF AMERICA,

Plaintiff,

v.

Shana Martin

1. ARTURO MIRANDA-CINTO,

Defendant.

La Fonda Traore

SENTENCING MINUTES

3:23 p.m. Court in session.

Appearances of counsel. 

Defendant is present in custody.

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 two

addenda.

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

addenda.

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

presentence report and addenda 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,

1a, 2, and 2a is formally approved;

2. That the Defendant’s Motion for Downward Sentencing Variance [#39]

filed August 21, 2012, is DENIED;

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

Count 1 of the Indictment;

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 forty-one (41)

months;

5. That no term of supervised release is imposed, however, the defendant is

advised that if he enters, remains, or is found in the United States illegally,

or if he illegally possesses or uses a controlled substance, or if he

possesses or uses a firearm, destructive device, or dangerous weapon as

those terms are defined in our federal law at 19 U.S.C. § 921, he may be

subject to further prosecution in federal court;

7. That no fine is imposed;

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

fee of $100.00;

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

waived;

10. That presentence confinement credit shall be determined by the Bureau of

Prisons under 18 U.S.C. § 3585; 

14. That the defendant is remanded to the custody of the United States

Marshal.

Parties state they have no objections to the sentence imposed.

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

3:53 p.m. Court in recess.

Total time in court: 00:30

Hearing concluded.

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