A Colombian national who pleaded guilty to marijuana and fraud charges in a plea agreement appeared in federal court Friday, where his sentencing hearing was continued after a request from his attorney was denied.
to one count of conspiracy to possess marijuana with intent to distribute and one count of visa fraud committed in facilitation of drug trafficking.
He was arrested in November of 2013 when .
On Friday, his attorney, Abraham Hutt, took the unusual move of asking U.S. District Judge Robert Blackburn to delay the sentencing hearing and allow Diaz to go home to Colombia, where he could be sentenced in the near future via phone.
Blackburn took a recess to research Hutt’s motion, and the judge ruled that Diaz cannot waive his right to appear at sentencing and that he must be present.
After running out of the allotted time Blackburn set for the hearing, the judge did dely the sentencing and Diaz, who is free on bond, was ordered to return June 19.
Based, in part, on the plea agreement, Diaz faces a minimal prison sentence, perhaps up to 1½ years. Diaz had agreed to cooperate with prosecutors investigating his one-time business partners, some of whom attended the hearing Friday.
Hutt, however, said in court Friday that a probationary report in the case recommends no prison time.
Three prior charges against Diaz, which have been dropped, could have resulted in a 20-year term if convicted. Diaz faced illegal weapon possession charges after investigators found photos of him wearing a Drug Enforcement Agency hat while holding semi-automatic rifles and handguns.
Prosecutors say Diaz transferred money from a Colombian bank to an account for a shell metals company to buy a building to grow and distribute marijuana.
on federal money laundering charges in connection with the 2013 raids.
Kieran Nicholson: 303-954-1822, knicholson@denverpost.com or twitter.com/kierannicholson
