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Date: 10-08-2024
Case Style:
United States of America v. Hilario Quintero-Rodriguez, a/k/a The Big Guy, a/k/a Santa Claus
Case Number: 1:11-CR-412
Judge:
Court: United States District Court for the District of Colorado (Denver County)
Plaintiff's Attorney: United States District Attorney's Office in Denver
Defendant's Attorney:
Description:
Denver, Colorado immigration law violation criminal defense lawyer represented the Defendant charged with illegal reentry by removed alien in violation of 8 U.S.C. 1326.
Hilario Quintero-Rodriguez pleaded guilty to four drug-trafficking counts.
At sentencing the government recommended that he receive the statutory minimum
of 120 months of imprisonment (12 fewer months than the 132 months that the plea
agreement obligated the government to recommend). The district court accepted the
recommendation and, departing downward from the applicable Guidelines range,
imposed 120 months of imprisonment on each count, to be served concurrently.
The first Hahn factor is whether the issues on appeal fall within the scope of
the waiver. Id. The plea agreement provides:
The defendant is aware that 18 U.S.C. §3742 affords a defendant the
right to appeal the sentence imposed. Understanding this and in
exchange for the sentencing concessions made by the Government in
this agreement, the defendant knowingly and voluntarily waives the
right to appeal any matter in connection with this prosecution,
conviction, or sentence unless it meets one of the following four
criteria: (1) the sentence imposed is above the maximum penalties
provided for in the statute of conviction; (2) the Court, after determining
the otherwise applicable sentencing guideline range, either departs or
varies upwardly; (3) the Court denies a Government motion for
sentencing reduction in the this matter if one is, as is presently
anticipated, filed; or (4) the Court determines that the adjusted offense
level is greater than 37 and imposes a sentence based upon that offense
level determination. Except as provided above, the defendant also
knowingly and voluntarily waives the right to appeal the manner in
which the sentence is determined on the grounds set forth under
18 U.S.C. §3742. . . . Additionally, if the Government appeals the
sentence imposed by the Court, the defendant is released from these
waiver provisions.
Mot., Attach. 1 at 3-4. In his docketing statement, Mr. Quintero-Rodriguez identifies
as his issues on appeal: “(1) all pre-trial rulings; (2) whether the District Court erred
in denying Defendant Quintero-Rodriguez’s objection to PSI?; (3) is the sentence
imposed of 120 months reasonable; and (4) any other issue supported by the entire
record in this case.” Dktg. St. at 4.
Outcome: Affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments: