You're viewing Docket Item 29 from the case USA v. Acosta-Gonzalez. View the full docket and case details.

Download this document:




OAO 245B

(Rev. 09/08) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT

District of

COLORADO
JUDGMENT IN A CRIMINAL CASE

Case Number:
USM Number:

13-cr-00182-REB-01
39453-013

Virginia L. Grady, AFPD
Defendant’s Attorney

UNITED STATES OF AMERICA

V.

MIGUEL ACOSTA-GONZALEZ

THE DEFENDANT:
X pleaded guilty to Count

1 of the Indictment

pleaded nolo contendere to Count(s)
which was accepted by the Court.
was found guilty on Count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section
8 U.S.C. §§ 1326 (a),
and (b)(1)

Nature of Offense
Illegal Re-entry of a Previously Deported Alien
Following a Felony Conviction

Offense Ended

03/05/13

Count

1

The defendant is sentenced as provided in pages 2 through

the Sentencing Reform Act of 1984.

The defendant has been found not guilty on Count(s)
Count(s)
is

8

of this judgment . The sentence is imposed pursuant to

are dismissed on the motion of the United States.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name,

residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to
pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances.

August 15, 2013
Date of Imposition of Judgment

s/ Robert E. Blackburn
Signature of Judge

Robert E. Blackburn, U.S. District Judge
Name and Title of Judge

August 22, 2013
Date

AO 245B

(Rev. 09/08) Judgment in Criminal Case
Sheet 2 — Imprisonment

DEFENDANT:
CASE NUMBER:

MIGUEL ACOSTA-GONZALEZ
13-cr-00182-REB-01

Judgment — Page

2

of

8

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:

six (6) months.



IMPRISONMENT

The court makes the following recommendations to the Bureau of Prisons:

X The defendant is remanded to the custody of the United States Marshal.

The defendant shall surrender to the United States Marshal for this district:

at
a.m.
as notified by the United States Marshal.

p.m.

on

.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

before 12 p.m. on
as notified by the United States Marshal.
as notified by the Probation or Pretrial Services Office.

.

RETURN

I have executed this judgment as follows:

Defendant delivered on

to

at

, with a certified copy of this judgment.

UNITED STATES MARSHAL

By

DEPUTY UNITED STATES MARSHAL

AO 245B

(Rev. 09/08) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties

DEFENDANT:
CASE NUMBER:

MIGUEL ACOSTA-GONZALEZ
13-cr-00182-REB-01

Judgment — Page

3

of

8

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

TOTALS

Assessment

$ 100.00

The determination of restitution is deferred until
entered after such determination.

Fine
$ 0.00
. An Amended Judgment in a Criminal Case (AO 245C) will be

Restitution

$ 0.00

The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise
in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid
before the United States is paid.

Name of Payee

Total Loss*

Restitution Ordered

Priority or Percentage

TOTALS

$

$

Restitution amount ordered pursuant to plea agreement $

The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

The Court determined that the defendant does not have the ability to pay interest and it is ordered that:

the interest requirement is waived for the

fine

restitution.

the interest requirement for the

fine

restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.

AO 245B

(Rev. 09/08) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

DEFENDANT:
CASE NUMBER:

MIGUEL ACOSTA-GONZALEZ
13-cr-00182-REB-01

Judgment — Page

4

of

8

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows:

A

Lump sum payment of $

due immediately, balance due

not later than
in accordance

C,

D,

, or

E, or

F below; or

B X Payment to begin immediately (may be combined with
C

Payment in equal

C,

D, or

F below); or

(e.g., months or years), to commence

(e.g., 30 or 60 days) after the date of this judgment; or

(e.g., weekly, monthly, quarterly) installments of $

over a period of

D

E

F

Payment in equal

(e.g., months or years), to commence

(e.g., weekly, monthly, quarterly) installments of $

over a period of
(e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

Payment during the term of supervised release will commence within
imprisonment. The Court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

(e.g., 30 or 60 days) after release from

Special instructions regarding the payment of criminal monetary penalties:

Unless the Court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate Financial
Responsibility Program, are made to the clerk of the Court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

Joint and Several



The defendant shall pay the cost of prosecution.
The defendant shall pay the following Court cost(s):
The defendant shall forfeit the defendant’s interest in the following property to the United States:

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,
(5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and Court costs.

AO 245B (Rev. 09/08) Criminal Judgment

Attachment (Page 1) — Statement of Reasons

DEFENDANT:
CASE NUMBER:

MIGUEL ACOSTA-GONZALEZ
13-cr-00182-REB-01

I

COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT

STATEMENT OF REASONS

Judgment—Page

5

of

8

A

B

1

2

3

4

The Court adopts the presentence investigation report without change.

The Court adopts the presentence investigation report with the following changes.
(Check all that apply and specify Court determination, findings, or comments, referencing paragraph numbers in the presentence report, if applicable.)
(Use page 4 if necessary.)

Chapter Two of the U.S.S.G. Manual determinations by Court (including changes to base offense level, or specific offense characteristics):

Chapter Three of the U.S.S.G. Manual determinations by Court (including changes to victim-related adjustments, role in the offense, obstruction
of justice, multiple Counts, or acceptance of responsibility):

Chapter Four of the U.S.S.G. Manual determinations by Court (including changes to criminal history category or scores, career offender, or
criminal livelihood determinations):

Additional Comments or Findings (including comments or factual findings concerning certain information in the
presentence report that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation,
or programming decisions):

C X

The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.

II

No Count of conviction carries a mandatory minimum sentence.

COURT FINDING ON MANDATORY MINIMUM SENTENCE (Check all that apply.)
A X
B
C

Mandatory minimum sentence imposed.

One or more Counts of conviction alleged in the indictment carry a mandatory minimum term of imprisonment, but the
sentence imposed is below a mandatory minimum term because the Court has determined that the mandatory minimum
does not apply based on

findings of fact in this case

substantial assistance (18 U.S.C. § 3553(e))

the statutory safety valve (18 U.S.C. § 3553(f))

III COURT DETERMINATION OF ADVISORY GUIDELINE RANGE (BEFORE DEPARTURES):

Total Offense Level:
10
Criminal History Category:
Imprisonment Range:
Supervised Release Range:
Fine Range: $ 2,000
X Fine waived or below the guideline range because of inability to pay.

21
to
to $ 20,000

months
3

years

IV

15

to

1

AO 245B (Rev. 09/08) Criminal Judgment

Attachment (Page 2) — Statement of Reasons

DEFENDANT:
CASE NUMBER:

MIGUEL ACOSTA-GONZALEZ
13-cr-00182-REB-01

Judgment—Page

6

of

8

STATEMENT OF REASONS

IV ADVISORY GUIDELINE SENTENCING DETERMINATION (Check only one.)

A
B

The sentence is within an advisory guideline range that is not greater than 24 months, and the Court finds no reason to depart.

The sentence is within an advisory guideline range that is greater than 24 months, and the specific sentence is imposed for these reasons.
(Use page 4 if necessary.)

C X The Court departs from the advisory guideline range for reasons authorized by the sentencing guidelines manual.

(Also complete Section V.)

D

The Court imposed a sentence outside the advisory sentencing guideline system. (Also complete Section VI.)

V

DEPARTURES AUTHORIZED BY THE ADVISORY SENTENCING GUIDELINES (If applicable.)
A The sentence imposed departs (Check only one.):

X below the advisory guideline range
above the advisory guideline range

B Departure based on (Check all that apply.):

1

2

3

Plea Agreement (Check all that apply and check reason(s) below.):

5K1.1 plea agreement based on the defendant’s substantial assistance

X 5K3.1 plea agreement based on Early Disposition or “Fast-track” Program

binding plea agreement for departure accepted by the Court
plea agreement for departure, which the Court finds to be reasonable
plea agreement that states that the government will not oppose a defense departure motion.
Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):

5K1.1 government motion based on the defendant’s substantial assistance
5K3.1 government motion based on Early Disposition or “Fast-track” program
government motion for departure
defense motion for departure to which the government did not object
defense motion for departure to which the government objected

Other

Other than a plea agreement or motion by the parties for departure (Check reason(s) below.):

C

Reason(s) for Departure (Check all that apply other than 5K1.1 or 5K3.1.)

Criminal History Inadequacy
4A1.3
Age
5H1.1
5H1.2
Education and Vocational Skills
5H1.3 Mental and Emotional Condition
5H1.4
5H1.5
5H1.6
5H1.11 Military Record, Charitable Service,

Physical Condition
Employment Record
Family Ties and Responsibilities

Good Works
Aggravating or Mitigating Circumstances

5K2.0

Property Damage or Loss

Physical Injury
Extreme Psychological Injury

5K2.1 Death
5K2.2
5K2.3
5K2.4 Abduction or Unlawful Restraint
5K2.5
5K2.6 Weapon or Dangerous Weapon
5K2.7 Disruption of Government Function
Extreme Conduct
5K2.8
5K2.9
Criminal Purpose
5K2.10 Victim’s Conduct

D Explain the facts justifying the departure. (Use page 4 if necessary.)

5K2.11 Lesser Harm
5K2.12 Coercion and Duress
5K2.13 Diminished Capacity
5K2.14 Public Welfare
5K2.16 Voluntary Disclosure of Offense
5K2.17 High-Capacity, Semiautomatic Weapon
5K2.18 Violent Street Gang
5K2.20 Aberrant Behavior
5K2.21 Dismissed and Uncharged Conduct
5K2.22 Age or Health of Sex Offenders
5K2.23 Discharged Terms of Imprisonment
Other guideline basis (e.g., 2B1.1 commentary)

AO 245B

(Rev. 09/08) Criminal Judgment
Attachment (Page 3) — Statement of Reasons

DEFENDANT:
CASE NUMBER:

MIGUEL ACOSTA-GONZALEZ
13-cr-00182-REB-01

STATEMENT OF REASONS

Judgment—Page

7

of

8

VI COURT DETERMINATION FOR SENTENCE OUTSIDE THE ADVISORY GUIDELINE SYSTEM

(Check all that apply.)

A

The sentence imposed is (Check only one.):

below the advisory guideline range
above the advisory guideline range

B

Sentence imposed pursuant to (Check all that apply.):
1

Plea Agreement (Check all that apply and check reason(s) below.):

binding plea agreement for a sentence outside the advisory guideline system accepted by the Court
plea agreement for a sentence outside the advisory guideline system, which the Court finds to be reasonable
plea agreement that states that the government will not oppose a defense motion to the Court to sentence outside the advisory guideline
system

2

3

Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):

government motion for a sentence outside of the advisory guideline system
defense motion for a sentence outside of the advisory guideline system to which the government did not object
defense motion for a sentence outside of the advisory guideline system to which the government objected

Other

Other than a plea agreement or motion by the parties for a sentence outside of the advisory guideline system (

C

Reason(s) for Sentence Outside the Advisory Guideline System (Check all that apply.)

the nature and circumstances of the offense and the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1)

to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense (18 U.S.C. § 3553(a)(2)(A))

to afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B))

to protect the public from further crimes of the defendant (18 U.S.C. § 3553(a)(2)(C))

to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner
(18 U.S.C. § 3553(a)(2)(D))
to avoid unwarranted sentencing disparities among defendants (18 U.S.C. § 3553(a)(6))

to provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7))

D

Explain the facts justifying a sentence outside the advisory guideline system. (Use page 4 if necessary.)

AO 245B

(Rev. 09/08) Criminal Judgment
Attachment (Page 4) — Statement of Reasons

DEFENDANT:
CASE NUMBER:

MIGUEL ACOSTA-GONZALEZ
13-cr-00182-REB-01

STATEMENT OF REASONS

Judgment—Page

8

of

8

VII COURT DETERMINATIONS OF RESTITUTION

A X Restitution Not Applicable.

B Total Amount of Restitution:

C Restitution not ordered (Check only one.):

1

2

3

4

For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because the number of
identifiable victims is so large as to make restitution impracticable under 18 U.S.C. § 3663A(c)(3)(A).

For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because determining complex
issues of fact and relating them to the cause or amount of the victims’ losses would complicate or prolong the sentencing process to a degree
that the need to provide restitution to any victim would be outweighed by the burden on the sentencing process under 18 U.S.C. § 3663A(c)(3)(B).

For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing guidelines, restitution is not
ordered because the complication and prolongation of the sentencing process resulting from the fashioning of a restitution order outweigh
the need to provide restitution to any victims under 18 U.S.C. § 3663(a)(1)(B)(ii).

Restitution is not ordered for other reasons. (Explain.)

D

Partial restitution is ordered for these reasons (18 U.S.C. § 3553(c)):

VIII ADDITIONAL FACTS JUSTIFYING THE SENTENCE IN THIS CASE (If applicable.)

Sections I, II, III, IV, and VII of the Statement of Reasons form must be completed in all felony cases.