Milhouse v. Ebbert

Filing 20

ORDER (memorandum filed previously as separate docket entry). IT IS HEREBY ORDERED THAT: 1. Milhouses petition 1 for writ of habeas corpus is DENIED. 2. The Clerk of Court is directed to close this case. Signed by Honorable Yvette Kane on 4/28/17. (rw)

MINUTE SHEET OF PROCEEDINGS HELD BEFORE
YVETTE KANE, UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

USA v.

Estevan Hernandez Claudio

Courtroom
No. 4

4/27/17

Date

Nature of Hearing:

Time
Commenced

Scott Ford, AUSA

9:30

12-cr-006-03
Time
Terminated

11:05

Sentencing

Gov’t Counsel:

CRIMINAL NO.

Defense Counsel: Linda George, Esq. (Retained)

Interpreter:

PLAINTIFF’S WITNESSES:

Probation Officer: Lori Baker Dowd

Exam

Cross

DEFENDANT’S WITNESSES:

Exam

Cross

REMARKS:. Court opens with counsel and defendant present; Government calls case and makes
opening remarks; defense counsel argues on defendant’s behalf & requests that this proceeding be
continued. Court addresses the government with respect to defense counsel’s request and possible
filing of a rule 35 at some point. Court will proceed with sentencing today.
Government has no objections to the PSR. Defense counsel argues their objections to Offense
Conduct, victim impact and Acceptance of Responsibility. Government presents their argument to
defendant’s objections. Court over rules the defendant’s objections. Defense counsel speaks on
defendant’s behalf and request that the court sentence the defendant to time served. Defendant
addresses the Court on his own behalf. Government recommends a 5 point reduction and a
sentence at the low end of the guideline range. Court will sentence at the below the guideline range.
Court gives the defendant a 60% reduction.

Sentence imposed: on count 1 of the SSI, Defendant is committed to the BOP for a term of 92
months. This term is to run concurrently with the sentence imposed in the District of Puerto Rico at
docket number 3:12-CR-036-02 .A special assessment of $100, due immediately, and a fine of
$1,900 are imposed. Supervised release for a term of five years, to be served concurrently with the
term of supervised release imposed in the District of Puerto Rico at docket number 3:12-CR-036-02.
Court recommends to the BOP that the defendant be placed in a facility near in/near Lexington, KY.
Court waives public safety factors. Government moves to dismiss remaining charges.
Appeal rights given.
Lori Shuey, Court Reporter
Rashelle Weida, Courtroom Deputy