Begins on page 67THE COURT: All right. I need Agent Compean and -- I'm sorry -- Ignacio Ramos and Jose Alonso Compean to come on up and approach.
Gentlemen, although the Sentencing Reform Act of 1984 requires a Court to impose a sentence within the applicable guideline range in an ordinary case, it does not eliminate this Court's discretion.
It is my duty, as Judge, to assess a fair and reasonable sentence by looking at many things that bear on the outcome, formed by my -- from my vantage point, as a person on a day-to-day basis who imposes sentences on many, many people. Some of the factors that I can consider include the nature and circumstances of the offense, the history and characteristics of the defendants, the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, to provide just punishment for this offense, to afford adequate deterrence to future criminal conduct, the need to avoid unwarranted sentencing disparities among defendants with similar records, the need to provide restitution, victim misconduct, susceptibility -- susceptibility to abuse or retaliation in prison. However, though this may apply to Counts 2, 3, 6, 7, 8, 10, and 11, in the case of Mr. Compean, and to Counts 2, 3, 8, 9 and 12, in the case of Mr. Ramos, it cannot apply to the mandatory minimum ten-year sentence that was imposed by Congress.[my bolding]
So, having said that, based on the information available to me, the circumstances of this case, and your particular circumstances, Mr. Ramos, to impose a sentence that is sufficient, but not greater than necessary to meet the goals of the sentencing, considering all of the factors listed, this Court will find that -- first of all, the Court is going to grant a downward departure based on victim conduct and susceptibility to abuse or retaliation in prison. And the Court is going to grant a variance, based on the nature and circumstances of the offense, the need for the sentence imposed to reflect the seriousness of that offense, and promote respect for the law, provide just punishment for the offense, afford adequate deterrence to future criminal conduct, and avoid unwarranted sentencing disparities among defendants with similar records, the Court will find that a fair and reasonable sentence in this case is 12 months and one day on Counts 2, 3, 8, 9, and 12, to run concurrently, and 120 months on Count 4, to run consecutive to those Counts 2, 3, 8, 9, and 12. There will be three years of supervised release on a reporting basis. Once you are released, you remain under this Court's supervision for three years. During that time you have to obey all the standard terms and conditions adopted by this Court. You can commit no further crimes against the United States or any state or local government.
You will be prohibited from possessing a firearm or other dangerous weapon. You will be ordered to refrain from the unlawful use of controlled substances, and to submit to drug testing as required by the probation department. You will be ordered to participate in an anger management and counseling program approved by the probation office, and all the other standard terms and conditions. There will be a $2,000 fine. There will be a $100 special assessment per count, for a total of $600. And the Court will make a recommendation for a facility as close to El Paso as possible.
In saying all of that, I do want to make sure that I'm clear that the Court is overruling the objections regarding destruction or fabrication, the plus two, plus the plus two objection regarding abuse of a trusted position. Anything further in the sentencing of Mr. Ramos?
MS. STILLINGER: No, Your Honor.
THE COURT: Anything further in the sentencing of Mr. Ramos before I proceed to Mr. Compean?
MS. KANOF: Your Honor, was the Court going to impose restitution?
THE COURT: Let me look at that in just a minute, and then I'll go over that, also.
Regarding Mr. Compean, again, based on the information available to me in the circumstances of this case and your particular circumstances, Mr. Compean, to impose a sentence sufficient, but not greater than necessary to meet the goals of sentencing, considering all of those factors, the Court is going to first of all find that -- is going to grant a downward departure, based on susceptibility to retaliation or abuse in prison.
The Court is going to grant a variance, based on the nature and circumstances of this offense, the history and characteristics of the defendant, the need for the sentence imposed to reflect the seriousness of the offense, in order to promote respect for the law, provide just punishment for the offense, afford adequate deterrence to future criminal conduct, and avoid unwarranted sentencing disparities among defendants with similar records, the Court will find that a fair and reasonable sentence in your case, Mr. Compean, is 24 months of incarceration on Counts 2, 3, 6, 7, 8, 10 and 11. Those will run concurrently. And 120 months on Count 5, to run consecutive thereto.
There will be three years of supervised release on a reporting basis. Once you are released, you do remain under this Court's supervision for three years.
During that time you can -- must comply with all the standard terms and conditions adopted by this Court. You shall not commit another federal, state, or local crime. You will be prohibited from possessing a firearm or other dangerous weapon. You will be ordered to refrain from the unlawful use of controlled substances and to submit to drug testing as required by the probation department.
There will be a $2,000 fine and a $100 special assessment per count, for a total of $600. And again, the Court will make a recommendation for a facility as close to El Paso as possible.
I need the attorneys and probation to approach regarding the issue of restitution real quick.
(Off-the-record bench discussion.)THE COURT: All right. Before I proceed to the issue of restitution -- come on back up, Mr. Compean, and Mr. Ramos.
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