U.S. v. CARRANZA-VILLALOBOS, 14-cr-00287-PAB. (2014)
Court: District Court, D. Colorado
Number: infdco20140930a81
Visitors: 27
Filed: Sep. 29, 2014
Latest Update: Sep. 29, 2014
Summary: ORDER PHILIP A. BRIMMER, District Judge. This matter comes before the Court upon review of the plea agreement. The form plea agreement of the Court contemplates that the parties will provide an estimate of the defendant's criminal history category in order to properly advise the defendant of his or her advisory guideline sentencing range. The plea agreement in this case provides no such estimate. Instead, the plea agreement states that the defendant's criminal history category is "undetermined
Summary: ORDER PHILIP A. BRIMMER, District Judge. This matter comes before the Court upon review of the plea agreement. The form plea agreement of the Court contemplates that the parties will provide an estimate of the defendant's criminal history category in order to properly advise the defendant of his or her advisory guideline sentencing range. The plea agreement in this case provides no such estimate. Instead, the plea agreement states that the defendant's criminal history category is "undetermined,..
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ORDER
PHILIP A. BRIMMER, District Judge.
This matter comes before the Court upon review of the plea agreement. The form plea agreement of the Court contemplates that the parties will provide an estimate of the defendant's criminal history category in order to properly advise the defendant of his or her advisory guideline sentencing range. The plea agreement in this case provides no such estimate. Instead, the plea agreement states that the defendant's criminal history category is "undetermined," despite the fact that the pretrial services report lists a number of cases in which the defendant was convicted of criminal offenses and the charge in this case is predicated upon a prior conviction. This information would presumably provide information by which the parties could estimate the defendant's criminal history category. In fact, the parties indicate that the career offender adjustments do not apply based on "criminal history fact known to the parties." In any event, the parties provide no explanation for why the defendant's criminal history category is "undetermined." Wherefore, it is
ORDERED that change of plea hearing set for September 30, 2014 at 10:00 a.m. is vacated. It is further
ORDERED that the parties shall submit a plea agreement that includes the parties' estimate of the defendant's criminal history category, at which time the Court will issue an order re-setting this matter for a change of plea.
Source: Leagle
