A.D. Ibarra
-Del Rio, Tx
The sentencing phase for Jose Flores III took place on Friday, September 5th at the US Federal Court Building in Del Rio.
The case was set to be heard at 11:20 AM, and with a full docket, The Honorable Alia Moses called for Flores to come forward at 11:24 as defense counsel Alfred Sumpter asked to approach the bench which he and attorney for the United States, Timothy Duree did amongst the sound of a noise filter.
Duree, a very tall, young prosecutor nodded occasionally, but Sumpter and Judge Moses seemed to be bantering back and forth with Sumpter looking over to Duree seemingly coming to agreement with both US representatives while raising his hand as if to make a point.
Judge Moses, visibly in control, nodding her head as if to emphasize certain clarifications she wishes to make, silenced the noise gate at 11:29 saying she had made a certain level of findings in this case, asked Flores if he wished to go back to the beginning due to his attorney's concern or if he wished to pick the case up where they had left off to which he agreed to the latter.
Duree addressed the judge by saying that he was "tremendously impressed" with the defendant who has worked very hard to bring this case to a just conclusion and requested a sentence toward the low end range of the guidelines to which Judge Moses seemed to be in agreement seeing that Flores had in fact paid $35,000 in restitution to the affected party, however she did have to go back and forth with Sumpter on what she termed Zones B and C of the guidelines. She clarified to the attorney if he was in complete understanding of said guidelines which took some time, but was accomplished.
It was then that the judge expressed that she had seen all letters of recommendation and stated that the defendant had gotten restitution to the victim which is evidence that the court takes into account.
She then sentenced him to 10 months confinement, five years of supervised release, no fine, a $100 assessment fee and restitution in the amount of $8,382.50 which he will begin paying in installments no later than 60 days following his release.